34-257a. Lost or destroyed receipts; duplicate receipt, when; form of duplicate. - Kansas Statutes

34-257a

Chapter 34.--GRAIN AND FORAGE Article 2.--INSPECTING, SAMPLING, STORING, WEIGHING AND GRADING GRAIN; TERMINAL AND LOCAL WAREHOUSES

      34-257a.   Lost or destroyed receipts; duplicate receipt, when; form ofduplicate.Where a negotiable warehouse receipt has been lost or destroyed, thewarehouseman shall issue a new receipt upon the same terms, subject to thesame conditions, and bearing on its face the number and the date of thereceipt in lieu of which it is issued, and a plain and conspicuousstatement that it is a duplicate receipt issued in lieu of a lost ordestroyed receipt, upon compliance by the claimant with the followingconditions: Before issuing a duplicate receipt, the warehouseman shallrequirethe claimant therefor to make and file with the warehouseman (1) anaffidavit statingthat the applicant is lawfully entitled to the possession of the originalreceipt; that the applicant has not negotiated or assigned it; howthe originalreceipt was lost or destroyed; and if lost, that diligent effort has beenmade to find the receipt without success, and (2) a bond in the amountdouble the value, at the time the bond is given, of the grain representedby the lost or destroyed receipt. Such bond shall be in the form approvedby the secretary and shall be conditioned to indemnify thewarehouseman orany holder or other person entitled to the grain against all loss,liability or expense which he may sustain by reason of the issuance of suchduplicate receipt. Such bond shall have as surety thereon a corporatesurety company which is authorized to do business under the laws of thestate of Kansas and is subject to service of process in this state in asuit on the bond.

      History:   L. 1967, ch. 235, § 1;L. 1997, ch. 160, § 32; Sept. 1.