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District of Columbia Official Code 2001 Edition. |
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Division V. Local Business Affairs. |
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Title 28. Commercial Instruments and Transactions. |
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Subtitle I. Uniform Commercial Code. |
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Article 7. Warehouse Receipts, Bills of Lading and Other Documents of Title. |
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Part 5. Warehouse Receipts and Bills of Lading: Negotiation and Transfer.
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Current through October 23, 2012
The indorsement of a document of title issued by a bailee does not make the indorser liable for any default by the bailee or by previous indorsers.
(Dec. 30, 1963, 77 Stat. 730, Pub. L. 88-243, § 1.)
HISTORICAL AND STATUTORY NOTES
UNIFORM COMMERCIAL CODE COMMENT
Prior Uniform Statutory Provision
Section 37, Uniform Sales Act; Section 45, Uniform Warehouse Receipts Act; Section 36, Uniform Bills of Lading Act.Changes
No substantial change.Purposes of Changes
The indorsement of a document of title is generally understood to be directed towards perfecting the transferee's rights rather than towards assuming additional obligations. The language of the present section, however, does not preclude the one case in which an indorsement given for value guarantees future action, namely, that in which the bailee has not yet become liable upon the document at the time of the indorsement. Under such circumstances the indorser, of course, engages that appropriate honor of the document by the bailee will occur. See Section 7-502(1)(d) as to negotiable delivery orders. However, even in such a case, once the bailee attorns to the transferee, the indorser's obligation has been fulfilled and the policy of this section excludes any continuing obligation on the part of the indorser for the bailee's ultimate actual performance.
Cross Reference
Section 7-502.
Definitional Cross References
"Bailee". Section 7-102.
"Document of title". Section 1-201.
"Party". Section 1-201.
Prior Codifications
1981 Ed., § 28:7-505.
1973 Ed., § 28:7-505.
