In re Martin

Citations

• 80 Kan. 245
• 101 P. 1006
• 1909 Kan. LEXIS 55

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Sale of Grain — Deduction from Actual Weight — Sale in a Foreign State. Chapter 525 of the Laws of 1905, providing that sales of grain, seed, hay and coal shall be deemed to be made on the basis of the actual weight thereof, and that any purchaser of such commodities who, without express agreement with the seller, shall deduct any amount from the actual weight and withhold payment therefor under a claim of right by virtue of custom or board-of-trade rule shall be guilty of a misdemeanor, and fined, has no application to a deduction and withholding of payment occurring in a settlement between purchaser and seller made in a foreign state.</p> <p>2. Contracts — Sales—Place of the Contract. The owner of a car-load of wheat in Kansas consigned it to a member of the board of trade in Kansas City, Mo., for sale on the floor of the board. The grain was sold there, and the bill of lading was there delivered to the purchaser, who was'also a member of the board, and who ordered the grain stored in his elevator in Kansas City, Wyandotte county, Kansas. The wheat was weighed in Kansas by the state weigher, and a certificate of the true weight was sent to the purchaser in Missouri. Contrary to the Kansas statute, the rules of the Kansas City, Mo., board of trade allow a deduction of 100 pounds from the true weight of each car of whe.at. Settlement for the wheat was made on that basis, and the price was paid at the board of trade in Kansas City, Mo. The wheat did not leave the state of Kansas at any time. Held, the sale was made in the state of Missouri.</p> <p>3. Criminal Law — Jurisdiction. The purchaser in the transaction described can not be prosecuted in Wyandotte county for a violation of the Kansas statute.</p>