Tennessee § 65-20-102 - Refusal of or failure to receive goods.

§ 65-20-102. Refusal of or failure to receive goods.

All common carriers, including express companies, doing business within this state, shall, after the receipt of freight or merchandise for delivery at their warehouse, depot, or station, notify the consignee, by written or printed notice, to be delivered to the consignee in person, at such consignee's place of business, if in the city or town where received; or, if not residing or doing business in the city or town, then through the post office, within three (3) days after the arrival of the goods. Where nonperishable property which has been transported to destination is refused by the consignee or the party entitled to receive it or the consignee or party entitled to receive it fails to receive it within thirty (30) days after notice of arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder at such place as may be designated by the carrier. The carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipper's order notify, the name of the party to be notified, and the time and place of sale, once a week for two (2) successive weeks in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published; provided, that thirty (30) days shall have elapsed before publication of notice of sale after the notice that the property was refused or remains unclaimed was mailed, sent, or given. The proceeds of any sale made under subsection (b) shall be applied by the carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale and other necessary expense and of caring for and maintaining the property, if proper care of the same requires special expense, and should there be a balance, it shall be paid to the owner of the property sold under this section. Acts 1870-1871, ch. 17, §§ 1, 2; Shan., §§ 3597-3600; Acts 1923, ch. 92, § 2; Code 1932, §§ 6685-6688; T.C.A. (orig. ed.), §§ 65-2004 — 65-2007. Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Carriers, §§ 30, 43.