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L. 1909, ch. 45

Bills of Lading

88 238-241

§ 238. Interpretation shall give effect to purpose of uniformity. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

New. Added by L. 1911, ch. 248.

§ 239. Definitions. (1) In this article, unless the context or subject-matter otherwise requires

"Action" includes counterclaim, set-off, and suit in equity. "Bill" means bill of lading.

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Consignee " means the person named in the bill as the person to whom delivery of the goods is to be made.

"Consignor" means the person named in the bill as the person from whom the goods have been received for shipment.

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"Goods "" means merchandise or chattels in course of transportation, or which have been or are about to be transported.

"Holder" of a bill means a person who has both actual possession of such bill and a right of property therein.

"Order" means an order by indorsement on the bill.

Owner" does not include mortgagee or pledgee.

"Person" includes a corporation or partnership or two or more persons having a joint or common interest.

To "purchase" includes to take as mortgagee and to take as pledgee.

"Purchaser" includes mortgagee and pledgee.

(2) A thing is done "in good faith," within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not.

New. Added by L. 1911, ch. 248.

§ 240. Article does not apply to existing bills. The provisions of this article do not apply to bills made and delivered prior to the taking effect thereof.

New. Added by L. 1911, ch. 248.

8 241. Inconsistent legislation repealed. All acts or parts of acts inconsistent with this article are hereby repealed.

New. Added by L. 1911, ch. 248.

Notes to Schedule of Repeals

L. 1909, ch. 45

NOTES TO SCHEDULE OF REPEALS

Prepared by the Board of Statutory Consolidation and printed in their report of 1907, at page 3296.

L. 1828, Ch. 20, § 15, ¶ 31, added to R. S., Pt. 2, Ch. 4, the fourth title thereof; L. 1828, Ch. 20, § 15, ¶ 45, amended R. S., Pt. 2, Ch. 7, Tit. 2, § 3; both R. S., Pt. 2, Ch. 4, Tit. 4, and R. S., Pt. 2, Ch. 7, Tit. 2, were repealed by L. 1897, Ch. 417, 40; it is therefore deemed desirable to repeal the amending act. L. 1830, Ch. 179, §§ 3-6. Consolidated in Personal Property Law, § 43.

L. 1840, Ch 318. Consolidated in Personal Property Law, § 13. L. 1841, Ch. 261. Consolidated in Personal Property Law, § 13.

L. 1846, Ch. 74.
L. 1855, Ch. 432.

16.

Consolidated in Personal Property Law, § 16.
Consolidated in Personal Property Law,

L. 1892, Ch. 516. follows" by L. 1905, Ch. 393, § 1. dated in Personal Property Law, §

Section 1 was "amended so as to read as Remainder of act is consoli14.

L. 1893, Ch. 701. Section 2 was amended "so as to read as follows" by L. 1901, Ch. 291, § 1. Balance of act is consolidated as to personal property in Personal Property Law, § 12; consolidated as to real property in Real Property Law, § 113. L. 1896, Ch. 249. Consolidated in Personal Property Law,

$ 22.

L. 1897, Ch. 417. This statute, which is the "old" Personal Property Law, is recommended for repeal because its live provisions have been incorporated in Personal Property Law.

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L. 1897, Ch. 418, §§ 110-118. Sections 112-116 were amended so as to read as follows as noted in schedule and thus superseded. Sections 110, 111, 117 and 118 are consolidated in Personal Property Law, §§ 60, 61, 66, 67. See note 12.

L. 1900, Ch. 762. Consolidated in Personal Property Law, $ 65.

L. 1901, Ch. 291. Consolidated as to personal property in Personal Property Law, § 12; consolidated as to real property in Real Property Law, § 113.

L. 1902, Ch. 150. Consolidated in Personal Property Law, 8 20.

L. 1909, ch. 45

Notes to Schedule of Repeals

L. 1903, Ch. 87. Consolidated in Personal Property Law, § 15. L. 1904, Ch. 77. Consolidated in Personal Property Law, § 42. L. 1904, Ch. 692. Consolidated in Personal Property Law,

$ 32.

L. 1904, Ch. 698. Section 4 was repealed by L. 1905, Ch. 503, § 1. Balance of act is consolidated in Personal Property Law, §§ 62-64.

L. 1905, Ch. 393. Consolidated in Personal Property Law, § 14.

L. 1905. Ch. 503. This statute is a repealing act. As the statutes covered by express repealing acts have been repealed by the Consolidated Laws, the repealing statutes have been recommended for repeal.

L. 1907, Ch. 669. Consolidated in Personal Property Law, 8 21.

L. 1907, Ch. 722. Consolidated in Personal Property Law, 8 44.

Code Civil Procedure, §§ 1909, 1910, 1912. Consolidated in Personal Property Law, § 41.

INDEX TO PERSONAL PROPERTY LAW

[References are to sections]

Acceptance of goods, what consti-

tutes, § 129

Accident, law of, application to bills
of lading, § 237

Accumulation, anticipation of for
minor, § 17

Accumulation of income, validity,
8 16

Action (bills of lading) defined,
§ 239

Actions, sales of goods-

action for price, § 144

conversion, § 147

definition, § 156

detaining goods, § 147

failure to deliver, § 148
nonacceptance, damages, § 145
rights, enforcement of, § 153
Administrators

237

bills of lading, law relating to, ap-
plication,
fraudulent acts, disaffirmance of,
$ 19

stock transfers, law relating to, ap-
plication, § 179

stock transfers, powers, § 163
(p. 260)

Advances on merchandise, notice of
liens, § 45

Agreement defined, § 30

Agreements, consideration, validity if
made without, § 33

Agreements required to be in writing,
enumerated, § 31

Assignees, fraudulent acts, disaffirm-
ance, § 19

Assignment of beneficiaries, right to
enforce trust, § 15

Auction, sale of goods by, § 102
Bankruptcy Law

-

bills of lading, application to,
§ 237

sales of goods, application to, § 154
stock transfers, application to,
8 179

Benevolent uses-

gifts, grants, and bequests, § 12
income from trust, accumulation,
§ 16

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alteration, effect, § 202

application of law to existing bills,
8 240

attachment upon goods, $ 210
bankruptcy, law of, application,
§ 237

bill defined, § 239

bill issued for goods not received,
§ 230

buyers, form of bill as indicating
rights, § 226

cancellation on delivery of goods,
§§ 200, 201

claimants, interpleader of adverse,
§ 206

coercion, law of, application, § 237
consignee defined, § 239
consignor defined, § 239

conversion, when negotiation not
impaired by, § 224

creditor's remedies to reach nego-
tiable bills, § 211

delivery as affected by terms of
draft, § 227

delivery, negotiation of negotiable
bills by, § 214
destroyed bills, § 202

draft on bills of lading as affecting
delivery, 22.7

duplicate bills, liability on, con-
struction, § 204

duplicate bills, not marked as such,
§ 232

duplicate negotiable bills to be
marked, § 193

duress, law of, application, § 237
duress, when negotiation impaired
by, § 224

erasure, effect, § 202
essential terms, § 188

executors, law relating to, applica-
tion, § 237

factors' act, see Factors' act

false statement, § 231

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