58-208. Lien of forwarding merchant, warehouse keeper, carrier or other bailee; advertisement of sale by carrier. Any forwarding merchant, warehouse keeper, stage, express or railway company, hotelkeeper, carrier, or other bailee not hereinbefore named, having a lien upon goods which may have remained in store or in the possession of such bailee for six months or more, may proceed to sell such goods, or so much thereof as may be necessary to pay the amount of the lien and expenses, according to the provisions of this act: Provided, That such sale may be advertised and made by any carrier in any city of the first, second or third class through which its line runs, where, in the judgment of such carrier, the best price can be obtained for the property to be sold.
History: G.S. 1868, ch. 58, § 3; L. 1872, ch. 142, § 3; March 21; R.S. 1923, 58-208.
Law Review and Bar Journal References:
"Kansas's Unique Treatment of Agricultural Liens," Keith G. Meyer, 53 K.L.R. 1141 (2005).
CASE ANNOTATIONS
1. Consignee has lien for freight paid upon inferior goods refused. Coit & Co. v. Schwartz, 29 Kan. 344.
2. Statute does not alter common-law rule regarding lien for storage. National Bank v. Kilborn, 114 Kan. 29, 31, 216 P. 812.
3. Basic legal principles of personal property liens reviewed; common-law requirement of possession still overriding consideration. Northeast Kansas Prod. Cred. Ass'n v. Ferbache, 236 Kan. 491, 493, 494, 693 P.2d 1152 (1985).
4. Cited in opinion in holding no lien created under K.S.A. 58-201 by reference to other statutes. Hartford Ins. Co. v. Overland Body Tow, Inc., 11 Kan. App. 2d 373, 376, 724 P.2d 687 (1986).
5. A party to a bailment agreement failed to follow statutory mandates for disposing of livestock, and incurred certain responsibilities. Schoenholz v. Hinzman, 295 Kan. 786, 289 P.3d 1155 (2012).
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