Missouri Revised Statutes
Chapter 400
Uniform Commercial Code
←400.07-509
Section 400.7-601.1
400.07-602→
August 28, 2015
Lost and missing documents.
400.7-601. (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
nonsurrender 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.
(L. 1963 p. 503 § 7-601)
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