34-234. Withholding grain from storage; notice; penalty for refusal to comply.
34-234
34-234. Withholding grain from storage; notice; penalty for refusal to comply.(a) If an owner or consignee of grainis dissatisfied with theinspection or grade of any lot of grain or for any reason wants to receivethe owner's or consignee's grain without its passing into store, the owneror consignee may have the grainwithheld from going into the public warehouse (whether or not the grainhas previously been consigned tothe public warehouse) by giving notice to the person or entity possessing the grainat the time of giving the notice. The grainshall be withheldfrom going into store and be delivered to the owner or consigneesubject only to those propercharges that are a lien upon the grain before the notice is given. If thegrain is in railroad cars, it shall be removed by theowner or consignor within 24 hours after the noticeis given to the railroadcompany having the grain in its possession, and the railroad company shallplace the grain in a proper and convenient place for unloading.
(b) Notice that grain is not to be delivered intostorage may also begiven to the proprietor of any public warehouse to which it wouldotherwise have been delivered, and after notice is given, the warehouseshall not take the grain into storage.
(c) If, after notice is given as provided in this section, the personor entity in possession of grain refuses to allow the owner or consigneeto have the grain or the warehouse takes the grain into storage, the person,entity or proprietor of the warehouse is guilty of a class C misdemeanorand shall be liable to the owner or consignee of the grain for damages for conversion.
History: L. 1931, ch. 194, § 12; L. 1970, ch. 156, § 2; L. 1983,ch. 135, § 8; July 1.