C.R.S. Section 4-7-504
Rights acquired in absence of due negotiation

  • effect of diversion
  • stoppage of delivery

(a)

A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey.

(b)

In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notice of the transfer, the rights of the transferee may be defeated:

(1)

By those creditors of the transferor which could treat the transfer as void under section 4-2-402 or 4-2.5-308;

(2)

By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer’s rights;

(3)

By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee’s rights; or

(4)

As against the bailee, by good-faith dealings of the bailee with the transferor.

(c)

A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the consignee defeats the consignee’s title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and, in any event, defeats the consignee’s rights against the bailee.

(d)

Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under section 4-2-705 or a lessor under section 4-2.5-526, subject to the requirements of due notification in those sections. A bailee that honors the seller’s or lessor’s instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.

Source: Section 4-7-504 — Rights acquired in absence of due negotiation - effect of diversion - stoppage of delivery, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑7‑101
Short title 4‑7‑102
Definitions and index of definitions 4‑7‑103
Relation of article to treaty or statute 4‑7‑104
Negotiable and nonnegotiable document of title 4‑7‑105
Reissuance in alternative medium 4‑7‑106
Control of electronic document of title 4‑7‑201
Person that may issue a warehouse receipt - storage under bond 4‑7‑202
Form of warehouse receipt - effect of omission 4‑7‑203
Liability for nonreceipt or misdescription 4‑7‑204
Duty of care - contractual limitation of warehouse’s liability 4‑7‑205
Title under warehouse receipt defeated in certain cases 4‑7‑206
Termination of storage at warehouse’s option 4‑7‑207
Goods must be kept separate - fungible goods 4‑7‑208
Altered warehouse receipts 4‑7‑209
Lien of warehouse 4‑7‑210
Enforcement of warehouse’s lien 4‑7‑301
Liability for nonreceipt or misdescription - “said to contain” - “shipper’s weight, load, and count” - improper handling 4‑7‑302
Through bills of lading and similar documents of title 4‑7‑303
Diversion - reconsignment - change of instructions 4‑7‑304
Tangible bills of lading in a set 4‑7‑305
Destination bills 4‑7‑306
Altered bills of lading 4‑7‑307
Lien of carrier 4‑7‑308
Enforcement of carrier’s lien 4‑7‑309
Duty of care - contractual limitation of carrier’s liability 4‑7‑401
Irregularities in issue of receipt or bill or conduct of issuer 4‑7‑402
Duplicate document of title - overissue 4‑7‑403
Obligation of bailee to deliver - excuse 4‑7‑404
No liability for good-faith delivery pursuant to document of title 4‑7‑501
Form of negotiation and requirements of due negotiation 4‑7‑502
Rights acquired by due negotiation 4‑7‑503
Document of title to goods defeated in certain cases 4‑7‑504
Rights acquired in absence of due negotiation - effect of diversion - stoppage of delivery 4‑7‑505
Indorser not guarantor for other parties 4‑7‑506
Delivery without indorsement - right to compel indorsement 4‑7‑507
Warranties on negotiation or delivery of document of title 4‑7‑508
Warranties of collecting bank as to documents of title 4‑7‑509
Adequate compliance with commercial contract 4‑7‑601
Lost, stolen, or destroyed documents of title 4‑7‑602
Attachment of goods covered by negotiable document of title 4‑7‑603
Conflicting claims - interpleader 4‑7‑701
Effective date 4‑7‑702
Applicability 4‑7‑703
Saving clause
Green check means up to date. Up to date

Current through Fall 2024

§ 4-7-504’s source at colorado​.gov