57A-7-207. Goods to be kept separate--Fungible goods.
(a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.
(b) If different lots of fungible goods are commingled, the good are owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner's share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to which overissued receipts have been duly negotiated.
Source: SL 2009, ch 254, ยง7-207.
Structure South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Chapter 07 - Documents Of Title
Section 57A-7-101 - Short title.
Section 57A-7-102 - Definitions and index of definitions.
Section 57A-7-103 - Relation of chapter to treaty or statute.
Section 57A-7-104 - Negotiable and nonnegotiable document of title.
Section 57A-7-105 - Reissuance in alternative medium.
Section 57A-7-106 - Control of electronic document of title.
Section 57A-7-201 - Person that may issue a warehouse receipt--Storage under bond.
Section 57A-7-202 - Form of warehouse receipt--Effect of omission.
Section 57A-7-203 - Liability for nonreceipt or misdescription.
Section 57A-7-204 - Duty of care--Contractual limitation of warehouse's liability.
Section 57A-7-205 - Title under warehouse receipt defeated in certain cases.
Section 57A-7-206 - Termination of storage at warehouse's option.
Section 57A-7-207 - Goods to be kept separate--Fungible goods.
Section 57A-7-208 - Altered warehouse receipts.
Section 57A-7-209 - Lien of warehouse.
Section 57A-7-210 - Enforcement of warehouse's lien.
Section 57A-7-302 - Through bills of lading and similar documents of title.
Section 57A-7-303 - Diversion--Reconsignment--Change of instructions.
Section 57A-7-304 - Tangible bills of lading in a set.
Section 57A-7-305 - Destination bills.
Section 57A-7-306 - Altered bills of lading.
Section 57A-7-307 - Lien of carrier.
Section 57A-7-308 - Enforcement of carrier's lien.
Section 57A-7-309 - Duty of care--Contractual limitation of carrier's liability.
Section 57A-7-401 - Irregularities in issue of receipt or bill or conduct of issuer.
Section 57A-7-402 - Duplicate document of title--Overissue.
Section 57A-7-403 - Obligation of bailee to deliver--Excuse.
Section 57A-7-404 - No liability for good-faith delivery pursuant to document of title.
Section 57A-7-501 - Form of negotiation and requirements of due negotiation.
Section 57A-7-502 - Rights acquired by due negotiation.
Section 57A-7-503 - Document of title to goods defeated in certain cases.
Section 57A-7-505 - Indorser not guarantor for other parties.
Section 57A-7-506 - Delivery without indorsement--Right to compel indorsement.
Section 57A-7-507 - Warranties on negotiation or delivery of document of title.
Section 57A-7-508 - Warranties of collecting bank as to documents of title.
Section 57A-7-509 - Adequate compliance with commercial contract.
Section 57A-7-601 - Lost, stolen, or destroyed documents of title.
Section 57A-7-602 - Judicial process against goods covered by negotiable document of title.
Section 57A-7-603 - Conflicting claims--Interpleader.