Sec. 504. (a) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that the transferor had or had actual authority to convey.
(b) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated:
(1) by those creditors of the transferor that could treat the transfer as void under IC 26-1-2-402 or IC 26-1-2.1-308;
(2) by a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer's rights;
(3) by a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or
(4) as against the bailee by good faith dealings of the bailee with the transferor.
(c) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee's title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business, and, in any event, defeats the consignee's rights against the bailee.
(d) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under IC 26-1-2-705 or a lessor under IC 26-1-2.1-526 and subject to the requirements of due notification provided in those sections. A bailee that honors the seller's or lessor's instructions is entitled to be indemnified by the seller or the lessor against any resulting loss or expense.
Formerly: Acts 1963, c.317, s.7-504. As amended by P.L.152-1986, SEC.259; P.L.143-2007, SEC.55.
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