People's State Bank v. Brown

Citations

• 80 Kan. 520
• 103 P. 102

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sales — Right of Seller to Reclaim for Non-payment. When a bargain is completed for the sale of specific personal prop- ' erty for cash, and delivery is made, if the buyer fails to pay the price promptly the seller has a right as between the parties or against an attaching creditor to reclaim the property, which is not lost by delay to assert it, unless an intention on his part is shown that the title should pass absolutely; and whether that is the case is ordinarily a question of fact to be determined in view of all the circumstances.</p> <p>2. - Payment by Check — Delay in Presentation — Waiver of Right to Reclaim. In an action for conversion the evidence tended to show these facts: A farmer residing some miles from a town delivered wheat to a buyer there with the understanding that it was to be paid for at once; he received therefor a check on a local bank, which he took home with him, it, being after banking hours; he did not present the check until his next trip to town, between two and three weeks later, when payment was refused; the buyer had no funds on deposit when the check was drawn, but had an' arrangement with the bank under which it paid his checks and took bills of lading on the shipment of gráin as security; a week after the issuance of the check the buyer became insolvent and the bank attached the wheat; after the. dishonor of the check the seller sued the bank for the value of the wheat. Held, that his failure to make an earlier presentment of the check did not conclusively show a waiver of his right to reclaim the wheat.</p>