The transferee of a negotiable tangible document of title has a specifically enforceable right to have its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.
(Code 1933, § 109A-7 - 506, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.)
The 2010 amendment, effective May 27, 2010, inserted "tangible" near the beginning and, near the middle, substituted "its" for "his" and inserted a comma following "indorsement". 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documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule."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.
RESEARCH REFERENCES
Am. Jur. 2d.
- 15A Am. Jur. 2d, Commercial Code, § 57. 78 Am. Jur. 2d, Warehouses, § 65.
C.J.S.- 6A C.J.S., Assignments, § 53. 13 C.J.S., Carriers, §§ 398-401. 80 C.J.S., Shipping, § 259. 93 C.J.S., Warehousemen and Safe Depositaries, § 41 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 7-506.
ALR.
- Lack of endorsement or irregular endorsement of warehouse receipt or bill of lading as affecting pledge of goods, 18 A.L.R. 588.