(Code 1933, § 109A-7 - 102, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.)
The 2010 amendment, effective May 27, 2010, redesignated former subsection (1) as present subsection (a); rewrote present subsection (a); deleted former subsection (2), which read: "Other definitions applying to this article or to specified parts thereof, and the Code sections in which they appear are:
"'Duly negotiate.' Code Section 11-7-501.
"'Person entitled under the document.' Code Section 11-7-403(4)."; redesignated former subsections (3) and (4) as present subsections (b) and (c), respectively; and, in present subsection (b), added the paragraph designations, deleted "'Overseas.' Code Section 11-2-323." following "Section 11-2-106.", and added paragraph (b)(2). See the Editor's notes for applicability.
Editor's notes.- Ga. L. 2010, p. 481, § 3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.
Ga. L. 2010, p. 481, § 3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.
JUDICIAL DECISIONS
Customer's assent to limitations on warehouse receipt a jury question.
- In a dispute over a storage facility's storage of a customer's seed, in which the facility sought to bind the customer to limitations printed on the reverse of the facility's warehouse receipts, the trial court erred by concluding that evidence that the facility routinely mailed warehouse receipts to the facility's customers was sufficient to bind the customer as a matter of law; because the customer denied receiving the receipts, the customer's assent was a question for the jury. Turfgrass Group v. Ga. Cold Storage Co., 346 Ga. App. 659, 816 S.E.2d 716 (2018).
Cited in Citizens Bank & Trust Co. v. SLT Whse. Co., 368 F. Supp. 1042 (M.D. Ga. 1974); Sanchez v. Aaron Van Lines, 160 Ga. App. 173, 286 S.E.2d 469 (1981); McDaniel v. American Druggists Ins. Co. (In re Nat'l Buy-Rite, Inc.), 11 Bankr. 196 (Bankr. N.D. Ga. 1981).
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Commercial Code, §§ 36 et seq., 43, 49 et seq.
C.J.S.- 13 C.J.S., Carriers, § 128. 80 C.J.S., Shipping, § 256 et seq. 82 C.J.S., Statutes, § 309. 93 C.J.S., Warehousemen and Safe Depositaries, §§ 1, 23 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 7-102.
ALR.
- Character of bill of lading contemplated by a guaranty of payment of a draft with bill of lading attached, 13 A.L.R. 166.
Warehouseman's right to interplead rival claimants to goods stored or their proceeds, 100 A.L.R. 425.
Duty of warehouseman to take up and cancel negotiable receipt upon delivering goods as delegable or nondelegable, 139 A.L.R. 1488.
Liability of bailee of airplane for damage thereto, 44 A.L.R.3d 862.
Liability of operator of marina or boatyard for loss of or injury to pleasure boat left for storage or repair, 44 A.L.R.3d 1332.