Section 11-805 – Deposit or Pledge With Third Person
(a) Except as provided in subsection (c) of this section, if a third person takes goods or a possessory document in deposit or pledge as security for a preexisting debt or demand from any other person entrusted with them or to whom they are consigned or who is entrusted with and in possession of a possessory […]
Section 11-806 – Debt of Consignee Due Purchaser or Pledgee
Unless a third person contracts for or receives goods on deposit or pledge without knowledge that a consignee is not authorized to sell, deposit, or pledge the goods, a claim or demand of setoff of a debt due by the consignee is not allowed against his principal in favor of the third person.
Section 11-807 – Legal and Equitable Rights of Owner Against Consignee Not Affected
Nothing in this subtitle deprives an owner of goods of any remedy which he might have against a consignee on any matter or contract between them or for the violation of any engagement, duty, or debt for which the consignee is liable, subject, however, to the right of the consignee to have the benefit of […]
Section 11-808 – Consignment or Disposal of Agricultural Products
(a) A consignment of agricultural products by the grower, producer, or owner to a consignee for sale for the use and benefit of the consignor does not vest in the consignee any other title or right to the products except to sell and deliver them to a bona fide purchaser for a valuable consideration. (b) If, without […]
Section 11-809 – Conversion by Consignee
(a) Any consignee, his agent, or employee who converts to his own use goods or agricultural products entrusted to the consignee for sale or the proceeds from the sale of them is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding six months or both. (b) The […]
Section 11-810 – Sale of Consigned Goods — Failure to Account
(a) After a sale of goods consigned for sale by a person in this State to a person engaged in the business of selling goods on consignment, the consignee shall transmit to the consignor within 24 hours after the sale a full account of the sale, including: (1) The amount and price of the goods sold; and […]
Section 11-8A-01 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Art dealer” means an individual, partnership, firm, association, or corporation, other than a public auctioneer, that undertakes to sell a work of fine art created by someone else. (c) “Artist” means the creator of a work of fine art. (d) “On consignment” means delivered to an art […]
Section 11-704 – Determination Whether Advertisement Misleading
To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered: (1) Any representation made by statement, word, design, device, or sound, whether alone or together; and (2) The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with […]
Section 11-8A-02 – Art Dealer as Bailee of Artist; Work of Fine Art and Proceeds of Sale as Bailment Property
If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist: (1) The art dealer is, with respect to that work of fine art, the bailee of the artist; (2) The work of fine art is bailment property in which the art dealer has no […]
Section 11-704.1 – Mispresentations in Directory Advertisements
(a) (1) In this section the following words have the meanings indicated. (2) (i) “Local telephone classified advertising directory” means a telephone directory that: 1. Contains classified advertisements; and 2. Is distributed free of charge to residents in the State. (ii) “Local telephone classified advertising directory” includes a directory distributed by a person other than a telephone company. (3) (i) “Local telephone directory” means […]