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2018 Georgia Code 11-7-603 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 11-7-603 Case Law from Google Scholar Amendments to OCGA 11-7-603

TITLE 11 COMMERCIAL CODE

Section 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title, 11-7-101 through 11-7-603.

ARTICLE 7 WAREHOUSE RECEIPTS, BILLS OF LADING, AND OTHER DOCUMENTS OF TITLE

11-7-603. Conflicting claims; interpleader.

If more than one person claims title to or possession of the goods, the bailee is excused from delivery until the bailee has a reasonable time to ascertain the validity of the adverse claims or to commence an action for interpleader. The bailee may assert an interpleader either in defending an action for nondelivery of the goods or by original action.

(Code 1933, § 109A-7 - 603, 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 "to" near the beginning, substituted "the bailee has" for "he has had", substituted "commence an action for interpleader. The bailee may assert an interpleader" for "bring an action to compel all claimants to interplead and may compel such interpleader", and deleted ", whichever is appropriate" following "action" at the end. See the Editor's notes for applicability.

Cross references.

- Interpleader generally, § 9-11-22.

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documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule."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

Warehouser acted appropriately under O.C.G.A. § 11-7-603 when it refused to deliver beef in its possession as bailee to appellant-garnishor in light of another claim filed with it which was adverse to that of appellant. Northwestern Nat'l Sales, Inc. v. Commercial Cold Storage, Inc., 162 Ga. App. 741, 293 S.E.2d 30 (1982).

RESEARCH REFERENCES

Am. Jur. 2d.

- 817 Am. Jur. 2d, Bailments, § 177. 78 Am. Jur. 2d, Warehouses, § 264.

C.J.S.

- 48 C.J.S., Interpleader, § 10.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 7-603.

ALR.

- Right of judgment debtor to interplead, 48 A.L.R. 966.

Allowance of interest on interpleaded or impleaded disputed funds, 15 A.L.R.2d 473.

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