34-2,112. Voidable sale of grain to warehouseman; insufficient funds check.
34-2,112
34-2,112. Voidable sale of grain to warehouseman;insufficient funds check.(a) Whenever any amount of grain is received in any publicwarehouse from a producer and is sold by the producer, or if a grainproducer delivers grain for salepursuant to an agreement with the public warehouseman for deferred payment ordeferred pricing, and if upon demand for payment by the producer, thewarehouseman fails to make full payment as due or makes payment bycheck that fails because ofinsufficient funds to clear the bank orother financial institution on which it is drawn within 15days after thedate the check is issued or the demand is made, excluding Saturdays,Sundays and holidays, thesale of such amount of grain may be voided bythe producer by notifying the public warehouseman in writing that the saleis void. In any such case, the public warehouseman shall include suchamount of grain in the public warehouseman's daily position record andother records as an open storage obligation upon receiving such writtennotice voiding the sale.
(b) As used in this section, the words and phrases defined in K.S.A.34-223 and amendments thereto shall have the meanings ascribed to them in thatstatute.
(c) This section shall be construed as supplemental to the statutescontained in article 2 of chapter 34 of the Kansas Statutes Annotated andamendments thereto.
History: L. 1987, ch. 147, § 2;L. 2002, ch. 159, § 31; May 23.