Warehouse Receipts and Bills of Lading: Miscellaneous Provisions
§ 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 a 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.
5A Del. C. 1953, § 7-601; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
§ 7-602. Judicial process against goods covered by negotiable document of title.
Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose
of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable
document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's
negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control
of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the
process or injunction takes free of the lien imposed by judicial process.
5A Del. C. 1953, § 7-602; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
§ 7-603. Conflicting claims; interpleader.
If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has
a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may
assert an interpleader either in defending an action for nondelivery of the goods or by original action.
5A Del. C. 1953, § 7-603; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
Warehouse Receipts and Bills of Lading: Miscellaneous Provisions
§ 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 a 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.
5A Del. C. 1953, § 7-601; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
§ 7-602. Judicial process against goods covered by negotiable document of title.
Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose
of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable
document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's
negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control
of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the
process or injunction takes free of the lien imposed by judicial process.
5A Del. C. 1953, § 7-602; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
§ 7-603. Conflicting claims; interpleader.
If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has
a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may
assert an interpleader either in defending an action for nondelivery of the goods or by original action.
5A Del. C. 1953, § 7-603; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
Warehouse Receipts and Bills of Lading: Miscellaneous Provisions
§ 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 a 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.
5A Del. C. 1953, § 7-601; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
§ 7-602. Judicial process against goods covered by negotiable document of title.
Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose
of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable
document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's
negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control
of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the
process or injunction takes free of the lien imposed by judicial process.
5A Del. C. 1953, § 7-602; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;
§ 7-603. Conflicting claims; interpleader.
If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has
a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may
assert an interpleader either in defending an action for nondelivery of the goods or by original action.
5A Del. C. 1953, § 7-603; 55 Del. Laws, c. 349; 74 Del. Laws, c. 332, § 39.;