Wisconsin Statutes & Annotations
Chapter 407 - Uniform commercial code — documents of title.
407.601 - Lost, stolen, or destroyed documents of title.

407.601 Lost, stolen, or destroyed documents of title.
(1) 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 fees in any action under this subsection.
(2) 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.
History: 2009 a. 322.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 407 - Uniform commercial code — documents of title.

407.101 - Short title.

407.102 - Definitions and index of definitions.

407.103 - Relation of chapter to treaty or statute.

407.104 - Negotiable and nonnegotiable document of title.

407.105 - Reissuance in alternative medium.

407.106 - Control of electronic document of title.

407.201 - Person that may issue a warehouse receipt; storage under bond.

407.202 - Form of warehouse receipt.

407.203 - Liability for nonreceipt or misdescription.

407.204 - Duty of care; contractual limitation of warehouse's liability.

407.205 - Title under warehouse receipt defeated in certain cases.

407.206 - Termination of storage at warehouse's option.

407.207 - Goods must be kept separate; fungible goods.

407.208 - Altered warehouse receipts.

407.209 - Lien of warehouse.

407.210 - Enforcement of warehouse's lien.

407.301 - Liability for nonreceipt or misdescription; “said to contain"; “shipper's load and count"; improper handling.

407.302 - Through bills of lading and similar documents of title.

407.303 - Diversion; reconsignment; change of instructions.

407.304 - Tangible bills of lading in a set.

407.305 - Destination bills.

407.306 - Altered bills of lading.

407.307 - Lien of carrier.

407.308 - Enforcement of carrier's lien.

407.309 - Duty of care; contractual limitation of carrier's liability.

407.401 - Irregularities in issue of receipt or bill or conduct of issuer.

407.402 - Duplicate document of title; overissue.

407.403 - Obligation of warehouse or carrier to deliver; excuse.

407.404 - No liability for good faith delivery pursuant to document of title.

407.501 - Form of negotiation and requirements of due negotiation.

407.502 - Rights acquired by due negotiation.

407.503 - Document of title to goods defeated in certain cases.

407.504 - Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.

407.505 - Endorser not guarantor for other parties.

407.506 - Delivery without endorsement; right to compel endorsement.

407.507 - Warranties on negotiation or delivery of document of title.

407.508 - Warranties of collecting bank as to documents of title.

407.509 - Adequate compliance with commercial contract.

407.601 - Lost, stolen, or destroyed documents of title.

407.602 - Attachment of goods covered by negotiable document of title.

407.603 - Conflicting claims; interpleader.