34-237. Drying, cleaning and safekeeping of grain; removal and sale of out of condition grain, notice. (a) Any public warehouseman on the written request of the owner of any grain stored in a private bin, upon the surrender of the receipt, or receipts, therefor, may be permitted to dry, clean or otherwise change the condition or value of any such lot of grain; but in such case it shall only be delivered as such separate lot, without reference to the grade it may be made by such process of drying or cleaning.
(b) Nothing in this section shall prevent any warehouseman from removing grain within such warehouseman's warehouse for its preservation or safekeeping, but no warehouseman shall be held liable for damage to grain stored in special bins by heating, unless such damage be caused by the act of the warehouseman. In case any public warehouseman shall discover that any portion of the grain stored in a special bin in such warehouseman's warehouse is out of condition or becoming so, and it is not in such warehouseman's power to preserve the same, the warehouseman shall immediately give notice to the owner, if known, and, if not known, by public notice by advertising in a newspaper of general circulation in the city in which such warehouse is situated, and by posting a notice on the warehouse bulletin board or other public place of its actual condition, as near as the warehouseman can ascertain. The warehouseman shall state in such notice the kind and grade of grain and the bin in which it is stored, and shall also state in such notice the receipts outstanding upon which such grain will be delivered, giving the numbers, amount and date of each, and shall give the name of the party for whom such grain was stored, the date it was received and the amount of it, and the enumeration of receipts and identification of grain so described shall embrace as near as possible the quantity of grain contained in such bins, and such grain shall be delivered upon return and cancellation of such receipts, and the unreceipted grain upon the request of the owner or holder of the receipt or receipts.
(c) Nothing herein contained shall be held to relieve the public warehouseman from exercising proper care and vigilance in preserving such grain after such publication of its condition, but such grain shall be kept separate and apart from all direct contact with other grain, and shall not be mixed with other grain while in store in such warehouse. Any public warehouseman guilty of any act or neglect, the effect of which is to depreciate property stored in the public warehouse under the warehouseman's control, shall be liable on the warehouseman's bond or letter of credit therefor to the person damaged thereby.
(d) Nothing in this section shall be construed so as to permit any public warehouseman to deliver any grain stored in a special bin or by itself, as provided in this act, to any but the owners of the lot, or holder of the warehouse receipt, or receipts. In case the grain declared out of condition as herein provided for shall not be removed from store by the owner or holder of the warehouse receipt, or receipts, thereof within 20 days from the date of the notice of its being out of condition, it shall be lawful for the public warehouseman where the grain is stored to sell the same at public auction for account of said owner, or holder, of the warehouse receipt, or receipts, by giving 10 days' notice by advertising in a newspaper (daily, if there is such) published in the city or town where such public warehouse is located.
History: L. 1931, ch. 194, § 15; L. 1970, ch. 156, § 4; L. 2000, ch. 30, § 5; Mar. 30.
Structure Kansas Statutes
Article 2 - Inspecting, Sampling, Storing, Weighing And Grading Grain; Terminal And Local Warehouses
34-227b Rules for operation of grain bank grain.
34-230 License; issuance, when; renewal; posting; suspension or revocation; appeal.
34-230a Hearings; powers of secretary.
34-230b Injunction proceedings; how prosecuted.
34-231 Penalty for failure to obtain license; refusal to reissue revoked license, when.
34-233 Storage in public warehouses; grain samples; weight certificates.
34-234 Withholding grain from storage; notice; penalty for refusal to comply.
34-235 Schedule of charges; approval by secretary; changes in schedule.
34-238 Warehouse receipts; issuance; furnishing by secretary.
34-239 Form of receipt for storage grain.
34-240 Warehouseman's receipt on own grain valid.
34-241 Transfer of grain between warehouses; form of receipt; procedure.
34-242 Same; numbering; required information.
34-243 Definition of nonnegotiable receipt.
34-244 Definition of negotiable receipt.
34-245 Failure to mark nonnegotiable or not negotiable.
34-246 Warehouse receipts; issuance and cancellation; division; consolidation.
34-250 Obligation of warehouseman to deliver.
34-252 Justification of warehouseman in delivering.
34-253 Warehouseman's liability for misdelivery.
34-254 Negotiable receipts must be canceled when grain delivered.
34-255 Cancellation of receipts upon partial delivery of grain liability.
34-257a Lost or destroyed receipts; duplicate receipt, when; form of duplicate.
34-258 Effect of duplicate receipt.
34-259 Warehouseman cannot set up title in himself.
34-260 Interpleader of adverse claimants.
34-261 Warehouseman has reasonable time to determine validity of claims or compel interpleader.
34-262 Adverse title no defense.
34-263 Liability for care of grain.
34-264 Attachment or levy upon grain for which a negotiable receipt has been given.
34-265 Creditor's remedies to reach negotiable receipts.
34-266 Claims included in warehouseman's lien.
34-267 Against what property the lien may be enforced.
34-269 Negotiable receipt must state charges for which lien is claimed.
34-270 Warehouseman need not deliver until lien is satisfied.
34-271 Warehouseman's lien does not preclude other remedies.
34-272 Satisfaction of lien by sale; notice required.
34-274 Disposition of proceeds of sale.
34-275 Other methods of enforcing liens not precluded.
34-277 Negotiations of negotiable receipts by delivery.
34-278 Negotiations of negotiable receipts by endorsement.
34-280 Who may negotiate a receipt.
34-281 Rights of person to whom a receipt has been negotiated.
34-282 Rights of person to whom a receipt has been transferred, but not negotiated.
34-283 Transfer of negotiable receipt without endorsement.
34-284 Warranties on sale of receipt.
34-285 Endorser not a guarantor.
34-286 No warranty implied from accepting payment of a debt.
34-287 When negotiations not impaired by fraud, mistake or duress.
34-288 Effect of negotiation of receipt on previous sale, mortgage or pledge.
34-289 Rights of purchaser for value in good faith of negotiable receipt.
34-293 Issuance of receipt for warehouseman's grain; statement of ownership; penalty for violation.
34-295b Same; separation from other records; inspection.
34-296 Laws applicable to receipts.
34-297 Effect on prior receipts.
34-298 Penalty for violation of act; revocation of license; notice and opportunity for hearing.
34-2,101 Relation of this act to the federal warehouse act.
34-2,102 Invalidation of any part of this act.
34-2,103 Interpretation of act.
34-2,105 Same; no defense in criminal action.
34-2,107 Priority of owner's interest in stored grain.
34-2,109 Warehouseman's annual statement of depositor's grain.
34-2,110 Warehouseman's annual statement of depositors to secretary.
34-2,112 Voidable sale of grain to warehouseman; insufficient funds check.
34-2,113 Sample of commodity; procedure; powers of secretary.