Maine Code § 11-7-1502

Rights acquired by due negotiation
Open in Lexace · Ask the AI about this section
(1). Subject to sections 7-1205 and 7-1503, a holder to which a negotiable document of title has
been duly negotiated acquires thereby:
(a). Title to the document; [PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4
(AFF).]
(b). Title to the goods; [PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
(c). All rights accruing under the law of agency or estoppel, including rights to goods delivered to
the bailee after the document was issued; and [PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c.
324, Pt. A, §4 (AFF).]
(d). The direct obligation of the issuer to hold or deliver the goods according to the terms of the
document free of any defense or claim by the issuer except those arising under the terms of the
document or under this Article, but in the case of a delivery order, the bailee's obligation accrues
only upon the bailee's acceptance of the delivery order and the obligation acquired by the holder is
that the issuer and any indorser will procure the acceptance of the bailee. [PL 2009, c. 324, Pt.
A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
[PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
(2). Subject to section 7-1503, title and rights acquired by due negotiation are not defeated by any
stoppage of the goods represented by the document of title or by surrender of the goods by the bailee
and are not impaired even if:
(a). The due negotiation or any prior due negotiation constituted a breach of duty; [PL 2009, c.
324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
(b). Any person has been deprived of possession of a negotiable tangible document or control of a
negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft
or conversion; or [PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
(c). A previous sale or other transfer of the goods or document has been made to a 3rd person. [PL
2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
[PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.