The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1892-02-04
STATE AFFAIRS
And Capital City News of State
Interest.

| Interest
AN IMPORTANT DECISION.
On a Case Involving Indorsers Upon
Promissory Notes.
A case of considerable interest has
! Just been decided in the circuit court of
Shawnee county. The case was that of
Daily vs. Twill and Bartholomew.
The decision involves the question of
the liability of indorsers upon promis-
sorry notes, and affects many of our
loan companies who have Endorsed to
eastern investors the mortgage notes
taken by them.
Twill made his note to Bartholomew,
and secured it by mortgage on lots in
Oakland. Bartholomew sold and in
dorsed the note to Daily. Daily sued
to foreclose the mortgage and to recover
against Bartholomew as endorser. The
mortgage contained a clause to the
effect that if the semi-annual interest
due on the note or the taxes were not
paid promptly when due the note should
Immediately become due and payable
without further notice.
The taxes and interest were allowed
to default. A year after such default
the note by it's terms became due, and
was protested for non-payment and the
suit instituted.
Judge johnson held that the note and
mortgage constituted single contract,
that by the terms of the contract the
note becomes absolutely due upon de-
fault of taxes or interest and that an in
dorser can only be held liable on his in
dorsement when notice and protest are
had at the end of three days grace after
the note comes due and payable.
That since the note was not protested
at the end of three days grace, the
protest that was made some months
later when the note by its terms alone
came due, was too late Judgment was
refused against Bartholomew, the in
dOrser.
This decision is far reaching in its re-
suits Many of the loans made in this
state have been Endorsed by the loan
agents making the loans. By this de-
cisiOn such endOrsers are not liable.
Kansas Lawyers.
The Kansas Bar association held its
annual meeting in Topeka last week.
Officers were elected as follows: Pres
ident, T. F. Carver, of Salina; vice pres
ident, J. w. Green, of Lawrence; treas
urer, Howell Jones, of Topeka; secretary,
C. J. Brown, of Topeka. Executive
council, w. C. Webb, Winfield Freeman,
G. Angevine, E. w. Moore and A.
Harris.
Delegates to the American Bar asso-
citation: James Humphrey, F. P. Hank
ness and J. d. Milliken.
Delegates to the National Bar associa-
ton: T. N. Sedgwick, David Overmyer
and S. ". Vandevert.
The committee on memorial presented |
it's report through the chairman. The
deaths recorded were: Hon. Lawrence
d. Bailey, of Lawrence; Hon. John Il.
Prescott, of Salina, and Hon. Amos Har-
ris, of Wichita.
The following resolutions were passed:
Resolved, That this association re- |
quest the supreme court to enact such
rules as it shall deem advisable for the
purpose of regulating and aiding in the
of ''cases made" to the end
that the preparation of such cases may
be simplified as much as possible and
Invested of redundant and supertiuous
matter.
Resolved, That a committee of three
be appointed by this association who
shall, in connection with the members
Of the supreme court, form a commits
sion to take into consideration what
additional legislation is necessary for
the purpose of simplifying the prepare
ton and presentation of case on error
to the supreme court, and If such com
mission shall determine that additional
legislation is necessary to accomplish
such end it shall prepare and present
TO the next legislature bill for that
purpose.
Kansas County Treasurers.
At the annual meeting in Topeka, last
week, of the county treasurers, there
we're about forty present.
No two county treasurers in the LOG
counties in Kansas keep their books
and accounts alike, and the subject I'M
der discussion at the meeting was how
his is to be remedied.
There were about forty treasurers in
attendance at the meeting, and each one
Of the forty thought his books should be
aiken as an example for the rest. They
al agreed that it would be good thing
{ all the accounts were kept alike, and
thought the reason they are not now is
hat no two treasurers put the same
on the law which regu-
ates this matter.
1t was finally decided to adopt reso-
ution asking the next legislature to so
amend the statutes that the instruc-