Public-domain · open source
OpenJurist

KRS 355.2-702

Seller's remedies on discovery of buyer's insolvency

Known as the Uniform Commercial Code

The act spans §§ 355–355 (686 sections).

Applied in 11 court decisions — leading case Johnston & Murphy Shoes, Inc. v. Meinhard Commercial Corp. (1968)

Most recently applied in In Re Steele (March 2009)

Effective: July 1, 1987 History: Amended 1986, Ky

How often courts cite this section

19681970198019902000200930
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this article (KRS 355.2-705).

(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten (10) days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three (3) months before delivery the ten (10) day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.

(3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this article (KRS 355.2-403). Successful reclamation of goods excludes all other remedies with respect to them.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.