Title 49 — Transportation
Chapter 801 — Bills of Lading
§ 80106. Transfer without negotiation
Statutory text
Delivery and Agreement.—
The holder of a bill of lading may transfer the bill without negotiating it by delivery and agreement to transfer title to the bill or to the goods represented by it. Subject to the agreement, the person to whom the bill is transferred has title to the goods against the transferor.
Compelling Indorsement.—
When a negotiable bill of lading is transferred for value by delivery without being negotiated and indorsement of the transferor is essential for negotiation, the transferee may compel the transferor to indorse the bill unless a contrary intention appears. The negotiation is effective when the indorsement is made.
Effect of Notification.—
When a transferee notifies the common carrier that a nonnegotiable bill of lading has been transferred under subsection (a) of this section, the carrier is obligated directly to the transferee for any obligations the carrier owed to the transferor immediately before the notification. However, before the carrier is notified, the transferee’s title to the goods and right to acquire the obligations of the carrier may be defeated by—
garnishment, attachment, or execution on the goods by a creditor of the transferor; or
notice to the carrier by the transferor or a purchaser from the transferor of a later purchase of the goods from the transferor.
A common carrier has been notified under this subsection only if—
an officer or agent of the carrier, whose actual or apparent authority includes acting on the notification, has been notified; and
the officer or agent has had time, exercising reasonable diligence, to communicate with the agent having possession or control of the goods.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 80106
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1348.)
Source evidence
Code source credit
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1348.)Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1 of 1 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 80106(a) | 49 App.:109 (1st sentence). | Aug. 29, 1916, ch. 415, §§ 29 (1st sentence), 32, 33, 39 Stat. 543. |
| 49 App.:112 (1st sentence). | ||
| 80106(b) | 49 App.:113. | |
| 80106(c) | 49 App.:112 (2d–last sentences). | |
In subsection (a), the words “without negotiating it” are added for clarity.
In subsection (b), the text of 49 App.:113 (last sentence) is omitted as unnecessary because of the words “the transferee may compel the transferor”.
In subsection (c)(1), before clause (A), the words “also acquires the right to notify” and “by the transferor or transferee of a straight bill” are omitted as unnecessary because of the restatement.