First National Bank v. Kilborn (1923)

First National Bank v. Kilborn

Citation: 114 Kan.29,216P.812 (1923) · Decided: 1923-07-07 · Court: Kansas Supreme Court. Full reporter opinion retrieved from the Caselaw Access Project; this is an unofficial host of primary judicial text, with the original JSON preserved.

Source note (2026-10-18):

• Links on this page to https://static.case.law/kan-app-2d/11/cases/0373-01.json, https://static.case.law/kan/114/cases/0029-01.json, https://static.case.law/kan/295/cases/0786-01.json are an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.

Facts

Park operator paid transportation for another owner portable skating rink and later stored it. Bank took recorded mortgage and won replevin. Operator claimed transportation reimbursement/storage lien; conflicting evidence resolved against an agreement pledging goods.

Holding And Reasoning

Affirmed. Jury finding defeated contract lien. Paying transportation bill alone created no lien. Casual storage created no independent common-law lien; ordinary storage business or recognized incidental carrier/innkeeper/warehouse occupation distinguished.58-208 predecessor required an existing lien; other-bailee language did not create one. Evidence did not establish warehouseman status. Any claim solely against owner immaterial to bank possession/right-value judgment.

Practical Impact And Verified Treatment

Current 58-208 retains existing-lien condition. Hartford (1986) independently calls it remedy rather than creation; Schoenholz (2012) conditions bailee sale on real lien/process. Supports narrow common-law business-storage record, not universal statutory lien.

Primary decision: 114 Kan.29,216P.812 (1923). Current statutes/later primary treatment: 58-208, 84-9-333, retrieved primary treatment, retrieved primary treatment.

Status Boundary

The complete holding and the stated statutory/later-opinion treatment are verified. This is not a comprehensive still-good-law certificate or an assertion that every later citing decision has been reviewed. No negative-treatment conclusion is inferred from an empty search. The cited older provisions apply only to the historical transaction unless current text is separately identified.

Applies In

kansas · court-ordered-administrative-and-creditor-sales

Legal information, not legal advice. Verify the current primary authorities and actual transaction/order before acting.