34-274. Disposition of proceeds of sale. All grains sold for the satisfaction of warehouseman's lien shall be sold at public sale to the highest and best bidder for cash in hand. From proceeds of such sale, the warehouseman shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be held by the warehouseman, and delivered on demand to the person to whom he would have been bound to deliver or justified in delivering the grain. At any time before the grain is sold any person claiming a right of property or possession therein may pay the warehouseman the amount necessary to satisfy his lien and to pay the reasonable expenses and liabilities incurred in serving notice and advertising and preparing for the sale up to the time of such payment. The warehouseman shall deliver the grain to the person making such payment if he is a person entitled, under the provisions of this act, to the possession of the grain on payment of charges thereon. Otherwise the warehouseman shall retain possession of the grain according to the terms of the original contract of deposit.
History: L. 1931, ch. 194, ยง 52; July 1.
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.