Schoenholz v. Hinzman
Citation: 295 Kan.786,289P.3d1155 (2012) · Decided: 2012-10-12 · 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/295/cases/0786-01.jsonare 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
Siblings ended horse-breeding venture; horses/equipment remained on sister land. She later sold horses/farm; brother sued for conversion/bailment breach. Parties sought costs/damages and discovery sanctions. District court denied substantive recovery; Court of Appeals granted some cross-appeal relief.
Holding And Reasoning
Affirmed in part, reversed in part, remanded.58-207–211 statutory livestock scheme applied despite common-law arguments. Sale required demand for lawful upkeep and written statutory notice; omission left ongoing duties. Supported no-abandonment finding could not be reweighed. Conversion accrued on 2006 unauthorized sale, so 2007 action timely; good intentions no defense. Lien existence/value, offset and effect of statutory failures remanded. Tractor claim failed for lack of affirmative gratuitous-bailee maintenance duty, though limitations rationale was wrong. Thirty-day bale-fork/link retrieval condition valid equitable control. Brother sanctions request properly denied. Mandatory discovery fees required for disobedience/dishonesty; USD 2,000 appellate-fixed amount unsupported by located affidavit, so amount remanded.
Practical Impact And Verified Treatment
Current 58-207–215 retain relevant livestock-sale provisions. Opinion actually cites Hartford constructive-bailee principle then applies separate feed/care lien. It did not hold every defective sale automatically destroys every lien or offset.
Primary decision: 295 Kan.786,289P.3d1155 (2012). Current statutes/later primary treatment: 58-207, 58-208, 58-209, 58-211, 58-215.
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.