Section 400.7-308

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963, 2 histories, see footnote   (history) 

  400.7-308.  Enforcement of carrier's lien. — (1)  A carrier's lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods.  Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale.  The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner.  If the carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner.  A sale of more goods than apparently necessary to be offered to insure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.

  (2)  Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section.  In that event the goods must not be sold, but must be retained by the carrier subject to the terms of the bill and this article.

  (3)  The carrier may buy at any public sale pursuant to this section.

  (4)  A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the carrier with the requirements of this section.

  (5)  The carrier may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods.

  (6)  The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor.

  (7)  A carrier's lien may be enforced in accordance with either subsection (1) or the procedure set forth in subsection (2) of section 400.7-210.

  (8)  The carrier is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion.

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(L. 1963 p. 503 § 7-308)