Sec. 502. (a) Subject to sections 205 and 503 of this chapter, a holder to which a negotiable document of title has been duly negotiated acquires thereby:
(1) title to the document;
(2) title to the goods;
(3) all rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and
(4) the direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by the issuer except those arising under the terms of the document or under this chapter. In the case of a delivery order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order, and the obligation acquired by the holder is that the issuer and any endorser will procure the acceptance of the bailee.
(b) Subject to section 503 of this chapter, title and rights acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of the goods by the bailee and are not impaired even if:
(1) the due negotiation or any prior due negotiation constituted a breach of duty;
(2) any person has been deprived of possession of a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion; or
(3) a previous sale or other transfer of the goods or document has been made to a third person.
Formerly: Acts 1963, c.317, s.7-502. As amended by P.L.152-1986, SEC.257; P.L.143-2007, SEC.53.
Structure Indiana Code
Article 1. Uniform Commercial Code
26-1-7-102. Definitions and Index of Definitions
26-1-7-103. Relation of Chapter to Other Laws
26-1-7-105. Tangible Substitute for Electronic Document of Title
26-1-7-106. Control of Electronic Document of Title
26-1-7-201. Who May Issue a Warehouse Receipt; Storage Under Government Bond
26-1-7-202. Form of Warehouse Receipt; Essential Terms; Optional Terms
26-1-7-203. Liability for Nonreceipt or Misdescription
26-1-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
26-1-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
26-1-7-206. Termination of Storage at Warehouse's Option
26-1-7-207. Goods Must Be Kept Separate; Fungible Goods
26-1-7-208. Altered Warehouse Receipts
26-1-7-210. Enforcement of Warehouse's Lien
26-1-7-302. Through Bills of Lading and Similar Documents
26-1-7-303. Diversion; Reconsignment; Change of Instructions
26-1-7-304. Bills of Lading in a Set
26-1-7-306. Altered Bills of Lading
26-1-7-308. Enforcement of Carrier's Lien
26-1-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
26-1-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
26-1-7-402. Duplicate Receipt or Bill; Overissue
26-1-7-403. Obligation of Warehouse or Carrier to Deliver; Excuse
26-1-7-404. No Liability for Good Faith Delivery Upon Receipt or Bill
26-1-7-501. Form of Negotiation and Requirements of "Due Negotiation"
26-1-7-502. Rights Acquired by Due Negotiation
26-1-7-503. Form of Negotiation and Requirements of "Due Negotiation"
26-1-7-505. Endorser Not a Guarantor for Other Parties
26-1-7-506. Delivery Without Endorsement; Right to Compel Endorsement
26-1-7-507. Warranties on Negotiation or Transfer of Receipt or Bill
26-1-7-508. Warranties of Collecting Bank as to Documents
26-1-7-509. Receipt or Bill; When Adequate to Comply With Commercial Contract
26-1-7-601. Lost and Missing Documents
26-1-7-602. Attachment of Goods Covered by a Negotiable Document