O.C.G.A.

O.C.G.A. § 11-7-205 (2019)

Title under warehouse receipt defeated in certain cases

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and has been duly negotiated.

History

Code 1933, § 109A-7-205, enacted by

Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.

Annotations

Editor’s notes. Ga. L. 2010, p. 481, § 3-1/HB 451, 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/HB 451, 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documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.”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 Obtaining of negotiable warehouse receipt by due negotiation. - One obtaining negotiable warehouse receipt by due negotiation obtains substantial rights enumerated in O.C.G.A. § 11-7-205. Citi-

zens Bank & Trust Co. v. SLT Whse. Co., 368 F. Supp. 1042, 1974 U.S. Dist. LEXIS 12994 (M.D. Ga. 1974), aff’d, 515 F.2d 1382, 1975 U.S. App. LEXIS 13616 (5th Cir. 1975).

RESEARCH REFERENCES C.J.S. 15A C.J.S., Confusion of Goods, § 1 et seq. 93 C.J.S., Warehousemen and Safe Depositaries, §§ 14, 15, 62.

U.L.A. Uniform Commercial Code (U.L.A.) § 7205.

Notes of Decisions

Cited in 1 case, 2018–2018 · leading case: The Turfgrass Grp., Inc. v. Georgia Cold Storage Co., 816 S.E.2d 716 (Ga. Ct. App. 2018).

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The Turfgrass Grp., Inc. v. Georgia Cold Storage Co., 816 S.E.2d 716 (Ga. Ct. App. 2018). · cites it 2× “OCGA § 11-7-205. Significantly, it defines a "[b]ailee" as the "person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.