{"data":{"id":"us-nd/n.d.-cent.-code-41-07-28","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 41-07-28","heading":"(7-403) Obligation of bailee to deliver - Excuse","body":"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:\na.Delivery of the goods to a person whose receipt was rightful as against the claimant;\nb.Damage to or delay, loss, or destruction of the goods for which the bailee is not liable;\nc.Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse's lawful termination of storage;\nd.The exercise by a seller of its right to stop delivery pursuant to section 41-02-84 or by a lessor of its right to stop delivery pursuant to section 41-02.1-74;\ne.A diversion, reconsignment, or other disposition pursuant to section 41-07-19;\nf.Release, satisfaction, or any other personal defense against the claimant; or\ng.Any other lawful excuse.\n2.A person claiming goods covered by a document of title shall satisfy the bailee's lien if the bailee so requests or if the bailee is prohibited by law from delivering the goods until the charges are paid.\n3.Unless a person claiming the goods is a person against which the document of title does not confer a right under subsection 1 of section 41-07-32:\na.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\nb.The bailee shall cancel the document or conspicuously indicate in the document the partial delivery or the bailee is liable to any person to which the document is duly negotiated.","path":["Title 41 Uniform Commercial Code","Chapter 41-07 Documents Of Title"],"source_url":"https://ndlegis.gov/cencode/t41c07.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"27abe1e58e582772365b0bd235869dc89deebee60f7fcb849156ef26e01bc29d","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-41-07-27","next":"us-nd/n.d.-cent.-code-41-07-29"},"notice":"GroundRules: Original legal text. Not legal advice."}