355.2-705 Seller's stoppage of delivery in transit or otherwise.
(1)
(2)
(3)
The seller may stop delivery of goods in the possession of a carrier or other bailee
when he discovers the buyer to be insolvent (KRS 355.2-702) and may stop delivery
of carload, truckload, planeload or larger shipments of express or freight when the
buyer repudiates or fails to make a payment due before delivery or if for any other
reason the seller has a right to withhold or reclaim the goods.
As against such buyer the seller may stop delivery until
(a) receipt of the goods by the buyer; or
(b) acknowledgement to the buyer by any bailee of the goods except a carrier that
the bailee holds the goods for the buyer; or
(c) such acknowledgement to the buyer by a carrier by reshipment or as
warehouseman; or
(d) negotiation to the buyer of any negotiable document of title covering the
goods.
(a) To stop delivery the seller must so notify as to enable the bailee by reasonable
diligence to prevent delivery of the goods.
(b) After such notification the bailee must hold and deliver the goods according to
the directions of the seller but the seller is liable to the bailee for any ensuing
charges or damages.
(c) If a negotiable document of title has been issued for goods the bailee is not
obliged to obey a notification to stop until surrender of the document.
(d) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a
notification to stop received from a person other than the consignor.
Effective: July 1, 1960
History: Created 1958 Ky. Acts ch. 77, sec. 2-705, effective July 1, 1960.
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