(1) No seller shall have recourse to the grain dealer's security unless the seller:
(a) Demands payment from the grain dealer within fifteen days after the date of the last shipment of any contract;
(b) Negotiates any negotiable instrument issued as payment for grain by the grain dealer within fifteen days after its issuance; and
(c) Notifies the commission within fifteen days after any apparent loss to be covered under the terms of the grain dealer's security.
(2) The grain dealer's security shall provide security for direct delivery grain until any post-direct delivery storage position is created for a period not to exceed fifteen days after the date of the last shipment of the contract.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1993–2023 · leading case:
Fecht v. Bunnell Co., 497 N.W.2d 50 (Neb. 1993).
Fecht v. Bunnell Co., 497 N.W.2d 50 (Neb. 1993).
· cites it 6× “Section 75-905 provides: (1) Except as provided in subsection (2) of this section, no seller shall have recourse to the grain dealer’s security unless the seller: (a) Demands that payment from the grain dealer be made within ten days of the date the grain dealer takes possession…”
In re Claims Against Pierce Elevator, 868 N.W.2d 781 (Neb. 2015).
“50 A direct delivery obligation means “the obligation of a warehouse licensee or grain dealer to transfer title to warehouse-owned grain to a producer by an in-store transfer upon the delivery of direct delivery grain.”
Fecht v. Quality Processing, Inc., 508 N.W.2d 236 (Neb. 1993).
· cites it 6× “QPI was obligated by Neb. Rev. Stat. § 75-905 (Reissue 1990) to pay for all grain purchased within 10 days of its receipt.”
In re Claims Against Banghart Props., 995 N.W.2d 212 (Neb. Ct. App. 2023).
· cites it 3× “rts IN RE CLAIMS AGAINST BANGHART PROPERTIES And, pursuant to § 75-905: (1) No seller shall have recourse to the grain dealer’s security unless the seller: (a) Demands payment from the grain dealer within fifteen days after the date of the last shipment of any contract; (b)…”
Neb. Rev. Stat. § 75-905(2): 2 cases
In re Claims Against Pierce Elevator, 868 N.W.2d 781 (Neb. 2015).
“50 A direct delivery obligation means “the obligation of a warehouse licensee or grain dealer to transfer title to warehouse-owned grain to a producer by an in-store transfer upon the delivery of direct delivery grain.”
Fecht v. Quality Processing, Inc., 508 N.W.2d 236 (Neb. 1993).
“QPI was obligated by Neb. Rev. Stat. § 75-905 (Reissue 1990) to pay for all grain purchased within 10 days of its receipt.”
Neb. Rev. Stat. § 75-905(l)(c): 1 case
Fecht v. Quality Processing, Inc., 508 N.W.2d 236 (Neb. 1993).
“QPI was obligated by Neb. Rev. Stat. § 75-905 (Reissue 1990) to pay for all grain purchased within 10 days of its receipt.”
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