Bennett v. Saint Marys Grain Co.

Citations

• 100 Kan. 289
• 164 P. 259
• 1917 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — Bill of Lading — Shortage in. Grain — Buyer’s Remedy against Seller. The provisions of section 8510 of the General Statutes of 1915, relating to bills of lading and the liability thereunder of railway companies, do not preclude the buyer of grain from recovering against the' seller for a shortage in the amount paid for.</p> <p>2. Attachment and Garnishment — Redelivery Bond — Estoppel. An affidavit for garnishment, instead of stating that the defendant had nq property liable to execution sufficient to satisfy the plaintiff’s demand, as required by section 7121 of the General Statutes of 1915, stated that it had “not property liable to execution sufficient to satisfy the plaintiff’s demand” in this (Shawnee) county. Held, that as the defendant voluntarily appeared and without objection gave bond releasing the property attached, it can not now be heard to question the validity of the garnishment affidavit.</p>