2018 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 7 - Documents of Title
Section 55-7-306 - Altered bills of lading.

An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.

History: 1953 Comp., § 50A-7-306, enacted by Laws 1961, ch. 96, § 7-306; 2005, ch. 144, § 72.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

Prior Uniform Statutory Provision. — Former Section 7-306 [55-7-306 NMSA 1978].

Changes. — None

An unauthorized alteration or filling in of a blank, whether made with or without fraudulent intent, does not relieve the issuer of its liability on the document as originally executed. This section applies to both tangible and electronic bills of lading, applying the same rule to both types of bills of lading. The control concept of Section 7-106 [55-7-106 NMSA 1978] requires that any changes to the electronic document of title be readily identifiable as authorized or unauthorized. Section 7-306 [55-7-306 NMSA 1978] should be compared to Section 7-208 [55-7-208 NMSA 1978] where a different rule applies to the unauthorized filling in of a blank for tangible warehouse receipts.

Cross References. — Sections 7-106 [55-7-106 NMSA 1978] and 7-208 [55-7-208 NMSA 1978].

"Bill of lading". Section 1-201 [55-1-201 NMSA 1978].

"Issuer". Section 7-102 [55-7-102 NMSA 1978].

Repeals and reenactments. — Laws 2005, ch. 144, § 72, effective January 1, 2006, repealed former 55-7-306 NMSA 1978 as enacted by Laws 1961, ch. 96, § 7-306, and enacted a new section. Pursuant to 12-2A-14 NMSA 1978, the 2005 revision is considered an amendment rather than a new enactment.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers § 329; 15A Am. Jur. 2d Commercial Code §§ 45, 62.

3A C.J.S. Alteration of Instruments § 6.