HRS §490:7-203
Getting paid when goods are missing or misdescribed
If you rely on a document of title (not a bill of lading) that says what goods are inside, and the goods are not there or are different, you can sue the issuer for your losses. But you cannot recover if the document clearly says the issuer does not know what is inside, or if you already knew the goods were missing or different.
businessesbuyers
The statute, as written — Liability for nonreceipt or misdescription
A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that: (1) The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents, condition, and quality unknown", "said to contain", or words of similar import, if the indication is true; or (2) The party or purchaser otherwise has notice of the nonreceipt or misdescription.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.