Tex. Bus. & Com. Code Section 7.403
Obligation of Warehouse or Carrier to Deliver; Excuse

(a)

A bailee shall deliver the goods to a person entitled under a document of title if the person complies with Subsections (b) and (c), unless and to the extent that the bailee establishes any of the following:

(1)

delivery of the goods to a person whose receipt was rightful as against the claimant;

(2)

damage to or delay, loss, or destruction of the goods for which the bailee is not liable;

(3)

previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse’s lawful termination of storage;

(4)

the exercise by a seller of its right to stop delivery pursuant to Section 2.705 (Seller’s Stoppage of Delivery in Transit or Otherwise) or by a lessor of its right to stop delivery pursuant to Section 2A.526 (Lessor’s Stoppage of Delivery in Transit or Otherwise);

(5)

a diversion, reconsignment, or other disposition pursuant to Section 7.303 (Diversion; Reconsignment; Change of Instructions);

(6)

release, satisfaction, or any other fact affording a personal defense against the claimant; or

(7)

any other lawful excuse.

(b)

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.

(c)

Unless a person claiming the goods is one against which the document of title does not confer a right under Section 7.503 (Document of Title to Goods Defeated in Certain Cases)(a):

(1)

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

(2)

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.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 1, eff. September 1, 2005.

Source: Section 7.403 — Obligation of Warehouse or Carrier to Deliver; Excuse, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­7.­htm#7.­403 (accessed Apr. 29, 2024).

7.101
Short Title 7.102
Definitions and Index of Definitions 7.103
Relation of Article to Treaty or Statute 7.104
Negotiable and Nonnegotiable Document of Title 7.105
Reissuance in Alternative Medium 7.106
Control of Electronic Document of Title 7.201
Person that May Issue a Warehouse Receipt 7.202
Form of Warehouse Receipt 7.203
Liability for Nonreceipt or Misdescription 7.204
Duty of Care 7.205
Title Under Warehouse Receipt Defeated in Certain Cases 7.206
Termination of Storage at Warehouse’s Option 7.207
Goods Must Be Kept Separate 7.208
Altered Warehouse Receipts 7.209
Lien of Warehouse 7.210
Enforcement of Warehouse’s Lien 7.302
Through Bills of Lading and Similar Documents of Title 7.303
Diversion 7.304
Tangible Bills of Lading in Set 7.305
Destination Bills 7.306
Altered Bills of Lading 7.307
Lien of Carrier 7.308
Enforcement of Carrier’s Lien 7.309
Duty of Care 7.401
Irregularities in Issue of Receipt or Bill or Conduct of Issuer 7.402
Duplicate Document of Title 7.403
Obligation of Warehouse or Carrier to Deliver 7.404
No Liability for Good Faith Delivery Pursuant to Document of Title 7.501
Form of Negotiation and Requirements of Due Negotiation 7.502
Rights Acquired by Due Negotiation 7.503
Document of Title to Goods Defeated in Certain Cases 7.504
Rights Acquired in Absence of Due Negotiation 7.505
Indorser Not Guarantor for Other Parties 7.506
Delivery Without Indorsement 7.507
Warranties on Negotiation or Delivery of Document of Title 7.508
Warranties of Collecting Bank as to Documents of Title 7.509
Adequate Compliance with Commercial Contract 7.601
Lost, Stolen, or Destroyed Documents of Title 7.602
Attachment of Goods Covered by Negotiable Document of Title 7.603
Conflicting Claims
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Accessed:
Apr. 29, 2024

§ 7.403’s source at texas​.gov