§ 8.7-403. Obligation of bailee to deliver; excuse.
(1) The bailee must deliver the goods to a person entitled under the documentwho complies with subsections (2) and (3), unless and to the extent that thebailee establishes any of the following:
(a) delivery of the goods to a person whose receipt was rightful as againstthe claimant;
(b) damage to or delay, loss or destruction of the goods for which the baileeis not liable;
(c) previous sale or other disposition of the goods in lawful enforcement ofa lien or on warehouseman's lawful termination of storage;
(d) the exercise by a seller of his right to stop delivery pursuant to §8.2-705 or by a lessor of his right to stop delivery pursuant to § 8.2A-526;
(e) a diversion, reconsignment or other disposition pursuant to § 8.7-303;
(f) release, satisfaction or any other fact affording a personal defenseagainst the claimant; or
(g) any other lawful excuse.
(2) A person claiming goods covered by a document must satisfy the bailee'slien where the bailee so requests or where the bailee is prohibited by lawfrom delivering the goods until the charges are paid.
(3) Unless the person claiming the goods is one against whom the documentconfers no right under § 8.7-503 (1), he must surrender possession orcontrol, for cancellation or notation of partial deliveries, any outstandingnegotiable document covering the goods, and the bailee must cancel thedocument or conspicuously note the partial delivery thereon or be liable toany person to whom the document is duly negotiated.
(4) "Person entitled under the document" means holder, in the case of anegotiable document, or the person to whom delivery of the goods is to bemade by the terms of, or pursuant to instructions in a record under, anonnegotiable document.
(Code 1950, §§ 61-11 to 61-15, 61-19, 61-22; 1964, c. 219; 2004, c. 200.)
§ 8.7-403. Obligation of bailee to deliver; excuse.
(1) The bailee must deliver the goods to a person entitled under the documentwho complies with subsections (2) and (3), unless and to the extent that thebailee establishes any of the following:
(a) delivery of the goods to a person whose receipt was rightful as againstthe claimant;
(b) damage to or delay, loss or destruction of the goods for which the baileeis not liable;
(c) previous sale or other disposition of the goods in lawful enforcement ofa lien or on warehouseman's lawful termination of storage;
(d) the exercise by a seller of his right to stop delivery pursuant to §8.2-705 or by a lessor of his right to stop delivery pursuant to § 8.2A-526;
(e) a diversion, reconsignment or other disposition pursuant to § 8.7-303;
(f) release, satisfaction or any other fact affording a personal defenseagainst the claimant; or
(g) any other lawful excuse.
(2) A person claiming goods covered by a document must satisfy the bailee'slien where the bailee so requests or where the bailee is prohibited by lawfrom delivering the goods until the charges are paid.
(3) Unless the person claiming the goods is one against whom the documentconfers no right under § 8.7-503 (1), he must surrender possession orcontrol, for cancellation or notation of partial deliveries, any outstandingnegotiable document covering the goods, and the bailee must cancel thedocument or conspicuously note the partial delivery thereon or be liable toany person to whom the document is duly negotiated.
(4) "Person entitled under the document" means holder, in the case of anegotiable document, or the person to whom delivery of the goods is to bemade by the terms of, or pursuant to instructions in a record under, anonnegotiable document.
(Code 1950, §§ 61-11 to 61-15, 61-19, 61-22; 1964, c. 219; 2004, c. 200.)
§ 8.7-403. Obligation of bailee to deliver; excuse.
(1) The bailee must deliver the goods to a person entitled under the documentwho complies with subsections (2) and (3), unless and to the extent that thebailee establishes any of the following:
(a) delivery of the goods to a person whose receipt was rightful as againstthe claimant;
(b) damage to or delay, loss or destruction of the goods for which the baileeis not liable;
(c) previous sale or other disposition of the goods in lawful enforcement ofa lien or on warehouseman's lawful termination of storage;
(d) the exercise by a seller of his right to stop delivery pursuant to §8.2-705 or by a lessor of his right to stop delivery pursuant to § 8.2A-526;
(e) a diversion, reconsignment or other disposition pursuant to § 8.7-303;
(f) release, satisfaction or any other fact affording a personal defenseagainst the claimant; or
(g) any other lawful excuse.
(2) A person claiming goods covered by a document must satisfy the bailee'slien where the bailee so requests or where the bailee is prohibited by lawfrom delivering the goods until the charges are paid.
(3) Unless the person claiming the goods is one against whom the documentconfers no right under § 8.7-503 (1), he must surrender possession orcontrol, for cancellation or notation of partial deliveries, any outstandingnegotiable document covering the goods, and the bailee must cancel thedocument or conspicuously note the partial delivery thereon or be liable toany person to whom the document is duly negotiated.
(4) "Person entitled under the document" means holder, in the case of anegotiable document, or the person to whom delivery of the goods is to bemade by the terms of, or pursuant to instructions in a record under, anonnegotiable document.
(Code 1950, §§ 61-11 to 61-15, 61-19, 61-22; 1964, c. 219; 2004, c. 200.)
