Effective: June 29, 2011
Latest Legislation: House Bill 9 - 129th General Assembly
Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery [UCC 7-504]
(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 its 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 which could treat the transfer as void under section 1302.43 or 1310.36 of the Revised Code;
(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 section 1302.79 of the Revised Code or a lessor under section 1310.72 of the Revised Code, subject to the requirements of due notification in those sections. A bailee that honors the seller's or lessor's instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1307 | Documents of Title
Section 1307.101 | Short Title - Ucc 7-101.
Section 1307.102 | Definitions and Index of Definitions - Ucc 7-102.
Section 1307.103 | Relation of Chapter 1307. of the Revised Code to Treaty or Statute - Ucc 7-103.
Section 1307.104 | Negotiable and Nonnegotiable Document of Title - Ucc 7-104.
Section 1307.105 | Reissuance in Alternative Medium - Ucc 7-105.
Section 1307.106 | Control of Electronic Document of Title - Ucc 7-106.
Section 1307.201 | Person That May Issue a Warehouse Receipt; Storage Under Bond - Ucc 7-201.
Section 1307.202 | Form of Warehouse Receipt; Effect of Omission - Ucc 7-202.
Section 1307.203 | Liability for Nonreceipt or Misdescription - Ucc 7-203.
Section 1307.204 | Duty of Care; Contractual Limitation of Warehouse's Liability - Ucc 7-204.
Section 1307.205 | Title Under Warehouse Receipt Defeated in Certain Cases - Ucc 7-205.
Section 1307.206 | Termination of Storage at Warehouse's Option - Ucc 7-206.
Section 1307.207 | Goods Must Be Kept Separate; Fungible Goods - Ucc 7-207.
Section 1307.208 | Altered Warehouse Receipts - Ucc 7-208.
Section 1307.209 | Lien of Warehouse - Ucc 7-209.
Section 1307.210 | Enforcement of Warehouse's Lien - Ucc 7-210.
Section 1307.302 | Through Bills of Lading and Similar Documents of Title - Ucc 7-302.
Section 1307.303 | Diversion; Reconsignment; Change of Instructions - Ucc 7-303.
Section 1307.304 | Tangible Bills of Lading in a Set - Ucc 7-304.
Section 1307.305 | Destination Bills - Ucc 7-305.
Section 1307.306 | Altered Bills of Lading - Ucc 7-306.
Section 1307.307 | Lien of Carrier -Ucc 7-307.
Section 1307.308 | Enforcement of Carrier's Lien -Ucc 7-308.
Section 1307.309 | Duty of Care; Contractual Limitation of Carrier's Liability -Ucc 7-309.
Section 1307.401 | Irregularities in Issue of Receipt or Bill or Conduct of Issuer -Ucc 7-401.
Section 1307.402 | Duplicate Document of Title; Overissue - Ucc 7-402.
Section 1307.403 | Obligation of Bailee to Deliver; Excuse - Ucc 7-403.
Section 1307.404 | No Liability for Good-Faith Delivery Pursuant to Document of Title - Ucc 7-404.
Section 1307.501 | Form of Negotiation and Requirements of Due Negotiation - Ucc 7-501.
Section 1307.502 | Rights Acquired by Due Negotiation - Ucc 7-502.
Section 1307.503 | Document of Title to Goods Defeated in Certain Cases - Ucc 7-503.
Section 1307.505 | Indorser Not Guarantor for Other Parties - Ucc 7-505.
Section 1307.506 | Delivery Without Indorsement: Right to Compel Indorsement - Ucc 7-506.
Section 1307.507 | Warranties on Negotiation or Delivery of Document of Title - Ucc 7-507.
Section 1307.508 | Warranties of Collecting Bank as to Documents of Title - Ucc 7-508.
Section 1307.509 | Adequate Compliance With Commercial Contract - Ucc 7-509.
Section 1307.601 | Lost, Stolen, or Destroyed Documents of Title - Ucc 7-601.
Section 1307.603 | Conflicting Claims; Interpleader - Ucc 7-603.