US Laws, Codes, Statutes & Cases

7601.  (1) If a document has been 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 such
order.  If the document was negotiable the claimant must post an
undertaking approved by the court to indemnify any person who may
suffer loss as a result of nonsurrender of the document.  If  the
document was not negotiable, an undertaking may be required at the
discretion of the court.  The court may also in its discretion order
payment of the bailee's reasonable costs and counsel fees.
   (2) A bailee who without court order delivers goods to a person
claiming under a missing negotiable document is liable to any person
injured thereby, and if the delivery is not in good faith becomes
liable for conversion.  Delivery in good faith is not conversion if
made in accordance with a filed classification or tariff or, where no
classification or tariff is filed, if the claimant posts an
undertaking 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 who files a notice of claim within one year after the
delivery.



7602.  Except where the document was originally issued upon delivery
of the goods by a person who had no power to dispose of them, no
lien attaches by virtue of any judicial process to goods in the
possession of a bailee for which a negotiable document of title is
outstanding unless the document be first surrendered to the bailee or
its negotiation enjoined, and the bailee shall not be compelled to
deliver the goods pursuant to process until the document is
surrendered to him or impounded by the court.  One who purchases the
document for value without notice of the process or injunction takes
free of the lien imposed by judicial process.




7603.  If more than one person claims title or possession of the
goods, the bailee or warehouseman is excused from delivery until he
has had a reasonable time to ascertain the validity of the adverse
claims or to bring an action to compel all claimants to interplead
and may compel such interpleader, either in defending an action for
nondelivery of the goods, or by original action, whichever is
appropriate.