2005 Illinois 810 ILCS 5/ Uniform Commercial Code. Part 6 - Warehouse Receipts And Bills Of Lading: Miscellaneous Provisions
(810 ILCS 5/Art. 7 Pt. 6 heading)
PART 6.
WAREHOUSE RECEIPTS AND BILLS OF
LADING: MISCELLANEOUS PROVISIONS
(810 ILCS 5/7‑601) (from Ch. 26, par. 7‑601)
Sec. 7‑601.
Lost
and missing documents.
(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 security approved by the court to
indemnify any person who may suffer loss as a result of non‑surrender of
the document. If the document was not negotiable, such security 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 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 who files a notice of claim within one year
after the delivery.
(Source: Laws 1961, p. 2101.)
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(810 ILCS 5/7‑602) (from Ch. 26, par. 7‑602)
Sec. 7‑602.
Attachment of goods covered by a negotiable document.
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.
(Source: Laws 1961, p. 2101.)
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(810 ILCS 5/7‑603) (from Ch. 26, par. 7‑603)
Sec. 7‑603.
Conflicting Claims; Interpleader.
If more than one person claims title or possession of the goods, the
bailee 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 non‑delivery of the goods, or by original
action, whichever is appropriate.
(Source: Laws 1961, p. 2101.)
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