The Wichita daily eagle., 1895-12-08
September, -, A. D., 1SsS- We ac-
cept the above trust.
Trustees
TRUSTEES DID NOT SIGN.

To this petition the defendant below
filed his answer setting forth six de-
fenses. The first defense was as fol-
lows: First, that when ne signed
said agreement IL contained provls-
ion that the same was not TO take ef-
feot or be in full force until the Gay
Of the acceptance OF the trust 20 be
created in the pretended contract, by
said plaintiffs as such trustees; that
said plaintiffs as such trustees never
accepted said trust; and that a short
time after the 10Th day of September.
1883, he notified the plaintiffs that he
withdrew his said offer or subscription
The second defense is as follows:
Second, that he never received, nor
was he ever promised any considera-
tion, or thing, or matter or value Tor
said subscription, that he would no.
in any way be benefited by the con-
Summation OF the matters in said agree
meDt or subscription mentioned; that
the plaintiffs as trustees, nor the said
board of trade of said city OF Wichita
have not expended any money or mat
ter, or thing of value, or contracted
any liability, or in any way changed
their condition on the faith of said
pretended agreement or subscription
or in anticipation that he would COM
tanned; that the same is wholly with
out consideration and void" These
are the only portions of the answer
that are material in the consideration
OF this case.
The reply to the answer was a gen.
eral denial Of all allegations that We're
inconsistent with the allegations of the
petition. Trial before the court and
jury, judgment for the plaintiffs below
made case and brings case TO this
court for review.
II. G. RUGGLES,
Attorney for plaintiff in error.
J. V. DAUGHERTY,
Attorney for defendants in error.
OPINION OF THE COURT.
This action was brought by the de-
fendant in error to recover the sum OF
one thousand dollars and interest there
on on a certain written inStrumen:
signed by plaintiff in error, called
mortgage donation" The instru-
ment sets forth that for the purpose of
obtaining the location at or near Wich-
ita, Sedgwick county, Kansas. of such
industries and other needed enterpris-
es which the board of trade of the city
of Wichita may be able to secure by the
use of the property therein described,
and IN consideration of the benefits
which he would derive from the loca-
ton of such additional enterprises, etc.
at said city, he thereby binds himself
to execute and deliver within fifteen
days from the signing Of said instru-
ment mortgage on certain lands to
the plaintiffs below, defendant in error,
to be held by them in trust to be sold
by them at such times and for such
purposes as may be deemed best by
and determined upon by resolution of
the board of directors of the board Of
trade of Wichita, and upon the further
trust that if said mortgage is not used
in good faith for such purposes within
three years after the execution and
delivery of said mortgage, then the
mortgage shall be cancelled and return
ed, and in addition to the execution of
said mortgage the instrument recites,
that it is understood that he is to give
a negotiable promissory note which
said mortgage shall secure, in the sum
of one thousand dollars payable to said
trustees or order. due in five years af
ter date with seven per cent interest.
payable annually; this instrument is
signed by the plaintiff In error only,
but there is no acceptance of the trust
in connection with the instrument:
there is a blank at the end of this in
strument in the following form:
witness my hand this 20th day OF
September, 1888.
'I reside at No. -, street.
Wichita, Kansas"
ARTHUR SULLIVAN"
September -. A. D., 1883. We ac-
cept above trust"