57A-7-601. Lost, stolen, or destroyed documents of title.
(a) If a document of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with the order. If the document was negotiable, a court may not order delivery of the goods or issuance of a substitute document without the claimant's posting security unless it finds that any person that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was nonnegotiable, the court may require security. The court may also order payment of the bailee's reasonable costs and attorney's fees in any action under this subsection.
(b) A bailee that without court order delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby. If the delivery is not in good faith, the bailee is liable for conversion. Delivery in good faith is not conversion if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery which files a notice of claim within one year after the delivery.
Source: SL 2009, ch 254, ยง7-601.
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.