Montana Code 30-7-403. Obligation of warehouse or carrier to deliver — excuse
30-7-403. Obligation of warehouse or carrier to deliver — excuse. (1) A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following:
Terms Used In Montana Code 30-7-403
- Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Montana Code 30-7-102
- Carrier: means a person that issues a bill of lading. See Montana Code 30-7-102
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Montana Code 30-7-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Person entitled under a document: means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title. See Montana Code 30-7-102
- Warehouse: means a person engaged in the business of storing goods for hire. See Montana Code 30-7-102
(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 30-2-705 or by a lessor of its right to stop delivery pursuant to 30-2A-526;
(e)a diversion, reconsignment, or other disposition pursuant to 30-7-303;
(f)release, satisfaction, or any other fact affording a personal defense against the claimant; or
(g)any other lawful excuse.
(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 a person claiming the goods is one against which the document of title does not confer a right under 30-7-503(1):
(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; and
(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.