(a) A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not:
(1) Deliver and entrust them the goods or any document of title covering the goods to the bailor or the bailor's nominee with:
(A) Actual or apparent authority to ship, store, or sell;
(B) Power to obtain delivery under section 7-403; or
(C) Power of disposition under section 2-403, 2A-304(2), 2A-305(2), 9-320, or 9-321(c) or other statute or rule of law; or
(2) Acquiesce in the procurement by the bailor or its nominee of any document.
(b) Title to goods based upon an unaccepted delivery order is subject to the rights of any person to which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under section 7-504 to the same extent as the rights of the issuer or a transferee from the issuer.
(c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to which a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with Part 4 pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title
§46-7-102. Definitions and Index of Definitions
§46-7-103. Relation of Article to Treaty or Statute
§46-7-104. Negotiable and Nonnegotiable Document of Title
§46-7-105. Reissuance in Alternative Medium
§46-7-106. Control of Electronic Document of Title
§46-7-201. Person That May Issue a Warehouse Receipt; Storage Under Bond
§46-7-202. Form of Warehouse Receipt; Effect of Omission
§46-7-203. Liability for Nonreceipt or Misdescription
§46-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability
§46-7-205. Title Under Warehouse Receipt Defeated in Certain Cases
§46-7-206. Termination of Storage at Warehouse's Option
§46-7-207. Goods Must Be Kept Separate; Fungible Goods
§46-7-208. Altered Warehouse Receipts
§46-7-210. Enforcement of Warehouse's Lien
§46-7-302. Through Bills of Lading and Similar Documents of Title
§46-7-303. Diversion; Reconsignment; Change of Instructions
§46-7-304. Tangible Bills of Lading in a Set
§46-7-306. Altered Bills of Lading
§46-7-308. Enforcement of Carrier's Lien
§46-7-309. Duty of Care; Contractual Limitation of Carrier's Liability
§46-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer
§46-7-402. Duplicate Document of Title; Overissue
§46-7-403. Obligation of Bailee to Deliver; Excuse
§46-7-404. No Liability for Good-Faith Delivery Pursuant to Document of Title
§46-7-501. Form of Negotiation and Requirements of Due Negotiation
§46-7-502. Rights Acquired by Due Negotiation
§46-7-503. Document of Title to Goods Defeated in Certain Cases
§46-7-504. Rights Acquired in Absence of Due Negotiation; Effect of Diversion; Stoppage of Delivery
§46-7-505. Indorser Not Guarantor for Other Parties
§46-7-506. Delivery Without Indorsement: Right to Compel Indorsement
§46-7-507. Warranties on Negotiation or Delivery of Document of Title
§46-7-508. Warranties of Collecting Bank as to Documents of Title
§46-7-509. Adequate Compliance With Commercial Contract
§46-7-601. Lost, Stolen or Destroyed Documents of Title
§46-7-602. Judicial Process Against Goods Covered by Negotiable Document of Title