§80114 — Title 49 Transportation | U.S. Code

Summary

A court can order a carrier to hand over goods if the negotiable bill of lading was lost, stolen, or destroyed, but only if the person asking for the goods gives a court-approved surety bond to protect the carrier or anyone harmed by the delivery. The court can also require payment of reasonable costs and lawyer fees. A voluntary surety bond (made without a court order) is still binding. Even after a court-ordered delivery, the carrier can still be liable to someone who received the negotiable bill for value and had no notice of the court case or the delivery.

Title 49, §80114

Transportation — Source: USLM XML via OLRC

(a)If a negotiable bill of lading is lost, stolen, or destroyed, a court of competent jurisdiction may order the common carrier to deliver the goods if the person claiming the goods gives a surety bond, in an amount approved by the court, to indemnify the carrier or a person injured by delivery against liability under the outstanding original bill. The court also may order payment of reasonable costs and attorney’s fees to the carrier. A voluntary surety bond, without court order, is binding on the parties to the bond.

(b)Delivery of goods under a court order under subsection (a) of this section does not relieve a common carrier from liability to a person to whom the negotiable bill has been or is negotiated for value without notice of the court proceeding or of the delivery of the goods.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 80114(a)49 App.:94 (1st par.).Aug. 29, 1916, ch. 415, § 14, 39 Stat. 540. 80114(b)49 App.:94 (last par.). In subsection (a), the word “If” is substituted for “Where” for clarity. The words “upon satisfactory proof of such loss, theft, or destruction” are omitted as unnecessary. The words “if the person claiming the goods gives a surety bond” are substituted for “and upon the giving of a bond, with sufficient surety” to clarify the condition precedent to court approval of delivery. The words “in an amount” are added for clarity. The word “indemnify” is substituted for “protect” because it is more accurate. The words “against liability under the outstanding original bill” are substituted for “from any liability or loss incurred by reason of the original bill remaining outstanding” for clarity. The words “surety bond” are substituted for “indemnifying bond” for consistency in this section.

§80114 Lost, Stolen, and Destroyed Negotiable Bills

Summary

Title 49, §80114

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata