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Wis. Stat. § 407.403

Obligation of warehouse or carrier to deliver; excuse

Redline — January 1, 2003 → current.View current text →
Current — January 1, 2009
As of January 1, 2003
(1) The bailee must deliver the goods to a person entitled under the document who complies with subs. (2) and (3) , unless and to the extent that the bailee establishes any of the following: (a) Delivery of the goods to a person whose receipt was rightful as against the claimant; (b) Damage to or delay, loss or destruction of the goods for which the bailee is not liable; (c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouse keeper's lawful termination of storage; (d) The exercise by a seller or lessor of the right to stop delivery pursuant to s. 402.705 or 411.526 ; (e) A diversion, reconsignment or other disposition pursuant to s. 407.303 or tariff regulating such right; (f) Release, satisfaction or any other fact affording a personal defense against the claimant; (g) Any other lawful excuse.
(1) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subs. (2) and (3) , unless and to the extent that the bailee establishes any of the following: (a) Delivery of the goods to a person whose receipt was rightful as against the claimant. (b) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable. (c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage. (d) The exercise by a seller of its right to stop delivery pursuant to s. 402.705 or by a lessor of its right to stop delivery pursuant to s. 411.526 . (e) A diversion, reconsignment, or other disposition pursuant to s. 407.303 . (f) Release, satisfaction, or any other fact affording a personal defense against the claimant. (g) Any other lawful excuse.
(2) A person claiming goods covered by a document of title must satisfy the bailee's lien where the bailee so requests or where the bailee is prohibited by law from delivering the goods until the charges are paid.
(2) A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.
(3) Unless the person claiming is one against whom the document confers no right under s. 407.503 (1) , that person must surrender for cancellation or notation of partial deliveries any outstanding negotiable document covering the goods, and the bailee must cancel the document or conspicuously note the partial delivery thereon or be liable to any person to whom the document is duly negotiated.
(3) Unless a person claiming the goods is one against which the document of title does not confer a right under s. 407.503 (1) , all of the following apply: (a) The person claiming under a document shall surrender possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries. (b) The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or be liable to any person to which the document is duly negotiated.
(4) "Person entitled under the document" means holder in the case of a negotiable document, or the person to whom delivery is to be made by the terms of or pursuant to written instructions under a nonnegotiable document.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.