25-7-502. Rights acquired by due negotiation.
(a) Subject to G.S. 25-7-205 and G.S. 25-7-503, 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 Article, but 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 indorser will procure the acceptance of the bailee.
(b) Subject to G.S. 25-7-503, 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. (1917, c. 37, ss. 41, 47 to 49; 1919, c. 65, ss. 31, 37 to 39; C.S., ss. 313, 319 to 321, 4081, 4087 to 4089; 1931, c. 358, s. 3; 1965, c. 700, s. 1; 1998-217, s. 4(b); 2006-112, s. 25.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 7 - Documents of Title.
§ 25-7-102 - Definitions and index of definitions.
§ 25-7-103 - Relation of Article to treaty or statute.
§ 25-7-104 - Negotiable and nonnegotiable document of title.
§ 25-7-105 - Reissuance in alternative medium.
§ 25-7-106 - Control of electronic document of title.
§ 25-7-201 - Person that may issue a warehouse receipt; storage under bond.
§ 25-7-202 - Form of warehouse receipt; effect of omission.
§ 25-7-203 - Liability for nonreceipt or misdescription.
§ 25-7-204 - Duty of care; contractual limitation of warehouse's liability.
§ 25-7-205 - Title under warehouse receipt defeated in certain cases.
§ 25-7-206 - Termination of storage at warehouse's option.
§ 25-7-207 - Goods must be kept separate; fungible goods.
§ 25-7-208 - Altered warehouse receipts.
§ 25-7-209 - Lien of warehouse.
§ 25-7-210 - Enforcement of warehouse's lien.
§ 25-7-302 - Through bills of lading and similar documents of title.
§ 25-7-303 - Diversion; reconsignment; change of instructions.
§ 25-7-304 - Tangible bills of lading in a set.
§ 25-7-305 - Destination bills.
§ 25-7-306 - Altered bills of lading.
§ 25-7-308 - Enforcement of carrier's lien.
§ 25-7-309 - Duty of care; contractual limitation of carrier's liability.
§ 25-7-401 - Irregularities in issue of receipt or bill or conduct of issuer.
§ 25-7-402 - Duplicate document of title; overissue.
§ 25-7-403 - Obligation of bailee to deliver; excuse.
§ 25-7-404 - No liability for good-faith delivery pursuant to document of title.
§ 25-7-501 - Form of negotiation and requirements of due negotiation.
§ 25-7-502 - Rights acquired by due negotiation.
§ 25-7-503 - Document of title to goods defeated in certain cases.
§ 25-7-505 - Indorser not guarantor for other parties.
§ 25-7-506 - Delivery without indorsement; right to compel indorsement.
§ 25-7-507 - Warranties on negotiation or delivery of document of title.
§ 25-7-508 - Warranties of collecting bank as to documents of title.
§ 25-7-509 - Adequate compliance with commercial contract.
§ 25-7-601 - Lost, stolen, or destroyed documents of title.
§ 25-7-602 - Judicial process against goods covered by negotiable document of title.