400.7-308. Enforcement of carrier's lien.
Enforcement of carrier's lien.
400.7-308. (1) A carrier's lien may be enforced by publicor private sale of the goods, in bloc or in parcels, at any timeor place and on any terms which are commercially reasonable,after notifying all persons known to claim an interest in thegoods. Such notification must include a statement of the amountdue, the nature of the proposed sale and the time and place ofany public sale. The fact that a better price could have beenobtained by a sale at a different time or in a different methodfrom that selected by the carrier is not of itself sufficient toestablish that the sale was not made in a commercially reasonablemanner. If the carrier either sells the goods in the usualmanner in any recognized market therefor or if he sells at theprice current in such market at the time of his sale or if he hasotherwise sold in conformity with commercially reasonablepractices among dealers in the type of goods sold he has sold ina commercially reasonable manner. A sale of more goods thanapparently necessary to be offered to insure satisfaction of theobligation is not commercially reasonable except in cases coveredby the preceding sentence.
(2) Before any sale pursuant to this section any personclaiming a right in the goods may pay the amount necessary tosatisfy the lien and the reasonable expenses incurred under thissection. In that event the goods must not be sold, but must beretained by the carrier subject to the terms of the bill and thisarticle.
(3) The carrier may buy at any public sale pursuant to thissection.
(4) A purchaser in good faith of goods sold to enforce acarrier's lien takes the goods free of any rights of personsagainst whom the lien was valid, despite noncompliance by thecarrier with the requirements of this section.
(5) The carrier may satisfy his lien from the proceeds ofany sale pursuant to this section but must hold the balance, ifany, for delivery on demand to any person to whom he would havebeen bound to deliver the goods.
(6) The rights provided by this section shall be in additionto all other rights allowed by law to a creditor against hisdebtor.
(7) A carrier's lien may be enforced in accordance witheither 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 tocomply with the requirements for sale under this section and incase of willful violation is liable for conversion.
(L. 1963 p. 503 § 7-308)