49 U.S.C. § 80104

Form and requirements for negotiation

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(a)General Rules.—(1) A negotiable bill of lading may be negotiated by indorsement. An indorsement may be made in blank or to a specified person. If the goods are deliverable to the order of a specified person, then the bill must be indorsed by that person.(2) A negotiable bill of lading may be negotiated by delivery when the common carrier, under the terms of the bill, undertakes to deliver the goods to the order of a specified person and that person or a subsequent indorsee has indorsed the bill in blank.(3) A negotiable bill of lading may be negotiated by a person possessing the bill, regardless of the way in which the person got possession, if—(A) a common carrier, under the terms of the bill, undertakes to deliver the goods to that person; or(B) when the bill is negotiated, it is in a form that allows it to be negotiated by delivery.(b)Validity Not Affected.—The validity of a negotiation of a bill of lading is not affected by the negotiation having been a breach of duty by the person making the negotiation, or by the owner of the bill having been deprived of possession by fraud, accident, mistake, duress, loss, theft, or conversion, if the person to whom the bill is negotiated, or a person to whom the bill is subsequently negotiated, gives value for the bill in good faith and without notice of the breach of duty, fraud, accident, mistake, duress, loss, theft, or conversion.(c)Negotiation by Seller, Mortgagor, or Pledgor to Person Without Notice.—When goods for which a negotiable bill of lading has been issued are in a common carrier’s possession, and the person to whom the bill has been issued retains possession of the bill after selling, mortgaging, or pledging the goods or bill, the subsequent negotiation of the bill by that person to another person receiving the bill for value, in good faith, and without notice of the prior sale, mortgage, or pledge has the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1347.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
80104(a)(1)	49 App.:108.	Aug. 29, 1916, ch. 415, §§ 27, 28, 30, 37, 38, 39 Stat. 542, 543, 544.
80104(a)(2)	49 App.:107.
80104(a)(3)	49 App.:110.
80104(b)	49 App.:117.
80104(c)	49 App.:118.

In subsection (a)(1), the words “If the goods are deliverable to the order of a specified person” are substituted for “the person to whose order the goods are deliverable by the tenor of the bill” for clarity. The text of 49 App.:108 (last sentence) is omitted as unnecessary because of the restatement.

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Porky Prods., Inc. v. Nippon Express U.S.A. (Illinois), Inc., 1 F. Supp. 2d 227 (S.D.N.Y. 1997).

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Porky Prods., Inc. v. Nippon Express U.S.A. (Illinois), Inc., 1 F. Supp. 2d 227 (S.D.N.Y. 1997). “Therefore, the phrase “duly endorsed” explicitly refers to situations in which the bill of lading has been issued as a negotiable (i.e., “TO ORDER”) document, and the *233 clause requires such bills to be indorsed, in the manner required by law, by the person who presents it.”

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