Cowley County National Bank v. Rawlins-Dobbs Elevator Co.

Citations

• 96 Kan. 461
• 152 P. 647
• 1915 Kan. LEXIS 408

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Warehouse Receipts — Oumership of Goods Sufficiently Stated. The provision of the Uniform Warehouse Receipts Act that if a receipt is issued for goods of which the warehouseman is owner, the fact of such ownership must be stated, is met by naming the warehouseman as the person from whom the goods were received, and subject to whose order they are held.</p> <p>2. Same — New Receipt — Different Date from Original Receipt — Valid. The statute providing that where a part of the grain represented by a warehouse receipt is delivered, a new receipt may be issued for the remainder, which must bear the same date and recite its relation to the original, has no application to a transaction by which one holding a receipt as security surrenders it to the debtor in exchange for a different receipt of a later date for a less amount of grain, even when such debtor is the warehouseman.</p> <p>■ 3. New Trial — Newly Discovered Evidence Must be Produced on Motion. One who asks a new trial because of newly discovered evidence, consisting of a document in the possession of the adverse party, is required to produce such legal evidence as is available concerning its existence and contents. An affidavit thereof made upon information and belief, which states no probative facts within the knowledge of the affiant, is not sufficient, where no effort is shown to require a production of the document by its possessor.</p>