37-2-25
Section 37-2-25 Bills of lading or receipts - Unauthorized sale or transfer of property prohibited.
A transportation company or other person engaged in the business of carriage or of keeping
for shipment, or of forwarding things or property, must not, otherwise than is authorized
by law or by the contract of delivery to him, make sale of things or property entrusted to
him; nor, without the assent in writing of the person to whom he may have given a receipt
or bill of lading, or of the legal holder of such receipt or bill of lading, encumber or transfer
the same; nor must he, otherwise than as may be authorized by the contract of delivery to
him, part with the control or possession of such things or property without the assent in
writing of the person to whom he may have given a receipt or bill of lading, or of the legal
holder of such receipt or bill of lading. (Code 1886, §1177; Code 1896, §4221; Code 1907,
§6134; Code 1923, §10494; Code 1940, T. 48, §136.)...
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7-2-316
Section 7-2-316 Exclusion or modification of warranties. (1) Words or conduct relevant to the
creation of an express warranty and words or conduct tending to negate or limit warranty shall
be construed wherever reasonable as consistent with each other; but subject to the provisions
of this article on parol or extrinsic evidence (Section 7-2-202) negation or limitation is
inoperative to the extent that such construction is unreasonable. (2) Subject to subsection
(3), to exclude or modify the implied warranty of merchantability or any part of it the language
must mention merchantability and in case of a writing must be conspicuous, and to exclude
or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
Language to exclude all implied warranties of fitness is sufficient if it states, for example,
that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2): (a) Unless the circumstances...
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7-8-314
Section 7-8-314 (Effective Until January 1, 1997) Duty to deliver, when completed. (1) Unless
otherwise agreed where a sale of a security is made on an exchange or otherwise through brokers:
(a) The selling customer fulfills his duty to deliver when he places such a security in the
possession of the selling broker or of a person designated by the broker or if requested causes
an acknowledgment to be made to the selling broker that it is held for him; and (b) The selling
broker including a correspondent broker acting for a selling customer fulfills his duty to
deliver by placing the security or a like security in the possession of the buying broker
or a person designated by him or by effecting clearance of the sale in accordance with the
rules of the exchange on which the transaction took place. (2) Except as otherwise provided
in this section and unless otherwise agreed, a transferor's duty to deliver a security under
a contract of purchase is not fulfilled until he places the security...
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27-42-5
Section 27-42-5 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ACCOUNT. Any one
of the three accounts created by Section 27-42-6. (2) AFFILIATE. A person who directly, or
indirectly, through one or more intermediaries, controls, is controlled by, or is under common
control with another person on December 31 of the year immediately preceding the date the
insurer becomes an insolvent insurer. (3) ASSOCIATION. The Alabama Insurance Guaranty Association
created under Section 27-42-6. (4) CLAIMANT. Any insured making a first party claim or any
person instituting a liability claim. The term does not include a person who is an affiliate
of an insolvent insurer. (5) COMMISSIONER. The Commissioner of Insurance of the State of Alabama.
(6) CONTROL. The possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether...
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40-7-13
Section 40-7-13 Assessment of property in possession of commission merchants and assignees
and consignees authorized to sell. Commission merchants and all persons trading and dealing
on commission, assignees and consignees authorized to sell and persons having in their possession
goods, wares, or merchandise belonging to another and subject to taxation in any county, city,
or town of Alabama, where said property is located, when the owner of the property does not
reside in the county, are deemed to be owners of the property in their possession for the
purpose of assessment, and unless such goods, wares, or merchandise have been otherwise listed
for taxation, the same shall be listed separately from any other goods, wares, or merchandise
owned by such person, firm, or corporation for taxation, and the name of the assignor or consignor
shall be listed on the return, the same shall be assessed for taxation to the person, firm,
or corporation who has such goods, wares, or merchandise in...
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7-2-305
Section 7-2-305 Open price term. (1) The parties if they so intend can conclude a contract
for sale even though the price is not settled. In such a case the price is a reasonable price
at the time for delivery if: (a) Nothing is said as to price; or (b) The price is left to
be agreed by the parties and they fail to agree; or (c) The price is to be fixed in terms
of some agreed market or other standard as set or recorded by a third person or agency and
it is not so set or recorded. (2) A price to be fixed by the seller or by the buyer means
a price for him to fix in good faith. (3) When a price left to be fixed otherwise than by
agreement of the parties fails to be fixed through fault of one party, the other may at his
option treat the contract as cancelled or himself fix a reasonable price. (4) Where, however,
the parties intend not to be bound unless the price be fixed or agreed and it is not fixed
or agreed there is no contract. In such a case the buyer must return any goods already...

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7-9A-207
Section 7-9A-207 Rights and duties of secured party having possession or control of collateral.
(a) Duty of care when secured party in possession. Except as otherwise provided in subsection
(d), a secured party shall use reasonable care in the custody and preservation of collateral
in the secured party's possession. In the case of chattel paper or an instrument, reasonable
care includes taking necessary steps to preserve rights against prior parties unless otherwise
agreed. (b) Expenses, risks, duties, and rights when secured party in possession. Except as
otherwise provided in subsection (d), if a secured party has possession of collateral: (1)
reasonable expenses, including the cost of insurance and payment of taxes or other charges,
incurred in the custody, preservation, use, or operation of the collateral are chargeable
to the debtor and are secured by the collateral; (2) the risk of accidental loss or damage
is on the debtor to the extent of a deficiency in any effective insurance...
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7-2-104
Section 7-2-104 Definitions: "Merchant"; "between merchants"; "financing
agency." (1) "Merchant" means a person who deals in goods of the kind or otherwise
by his occupation holds himself out as having knowledge or skill peculiar to the practices
or goods involved in the transaction or to whom such knowledge or skill may be attributed
by his employment of an agent or broker or other intermediary who by his occupation holds
himself out as having such knowledge or skill. (2) "Financing agency" means a bank,
finance company or other person who in the ordinary course of business makes advances against
goods or documents of title or who by arrangement with either the seller or the buyer intervenes
in ordinary course to make or collect payment due or claimed under the contract for sale,
as by purchasing or paying the seller's draft or making advances against it or by merely taking
it for collection whether or not documents of title accompany or are associated with the draft.
"Financing...
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7-2A-310
Section 7-2A-310 Lessor's and lessee's rights when goods become accessions. (1) Goods are "accessions"
when they are installed in or affixed to other goods. (2) The interest of a lessor or a lessee
under a lease contract entered into before the goods became accessions is superior to all
interests in the whole except as stated in subsection (4). (3) The interest of a lessor or
a lessee under a lease contract entered into at the time or after the goods became accessions
is superior to all subsequently acquired interests in the whole except as stated in subsection
(4) but is subordinate to interests in the whole existing at the time the lease contract was
made unless the holders of such interests in the whole have in writing consented to the lease
or disclaimed an interest in the goods as part of the whole. (4) The interest of a lessor
or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the
interest of (a) a buyer in the ordinary course of business or a...
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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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