The Wichita daily eagle., 1895-12-08
MUST PUT UP COSTS
IMPORTANT DECISION AGAINST
THE BOARD OF TRADE

Court of Common Pleas and is $1,000
Toward Securing Industries of Benefit
to Him, but the Trustees Failed to Ac-
cept it in Writing According to Contract
The appellate court has decided a
very important case wherein Arthur
| Sullivan was plaintiff in error and W.
S. Corbett, ct al as trustees of the board
of trade of Wichita were defendants
in error. The court decides in favor OF
/ Sullivan and remands the case 10 the
district court of this county with in
struct!ons 10 sustain the demurrer of
the defendant below to the plaintiff 5
evidence and render judgments against
the plaintiffs for costs Of suit.
About 1888 Arthur Sullivan was ask
| ed TO contribute 81 900 TO the board Of
! trade Of Wichita towards securing cer-
tain industries which were expected TO
benefit Wichita in general and Arthur
Sullivan in particular. Mr.. Sullivan
did not have 81 900 in cash 10 pay out
and he promised a note for the amount
secured by first mortgage on his land.
| This agreement was to take effect when
an acceptance would be filed by the
trustees. They never signed the ac-
ceptance and afterwards Mr.. Sullivan n
| did not pay the obligation.
Suit was commenced against him in
the common pleas court and decision
| rendered in favor Of the plaintiffs. Mr..
| Sullivan appealed the case 10 the su-
preme court and that tribunal in turn
assigned the case 10 the appellate court.
STATEMENT OF THE CASE.
The case came up for hearing in this
court at its last term and the decision
was rendered in Garden City at the
term of the court just closed. Justice
Johnson delivered the opinion. He
says:
This action was commenced in the
court Of common pleas of Sedgwick
county, by w. S. Corbett, H. c. Sluss,
John NJ. Allen. a. A. Hyde and r. E..
Lawrence, as trustees of the board Of
trade of Wichita, against Arthur Sulii-
van on a certain written instrument
called a mortgage donation" The
petition sets forth the following facts:
plaintiffs complain of the defendant
and for cause say: That on or about
the 20th day of September, 1888, the
said defendant entered into an agree
ment in writing, a copy Of which is
lIicu n0ItNIlI, IndOe d part HcTeOl, anu
marked Exhibit A." and whereby the
said defendant promised and agreed to
and with the plaintiffs, as trustees of
the board Of trade Of Wichita, that he,
the defendant, would within fifteen
days from the execution of said con-
tract execute and deliver to said plain
tiffs his certain promisory note for $1,000
due five years after date and bearing
interest at the rate Of Z per cent, and
that he would for the purpose of secur-
ing the payment of said note execute
and deliver to said plaintiffs a first
! mortgage upon the following descr1b-
ed real estate, situated in the county
of Sedgwick and state of Kansas, to-
wit: The northeast quarter of the
northwest quarter of section 80, town
ship &C. range 1 east, being forty acres
more or less; that plaintiffs accepted
said trust Immediately upon the execu-
ton of said contract, and have done
and performed all the conditions and OBJ
legations imposed upon them by said
contract, and have repeatedly request
ed of said defendant that he execute
and deliver to these plaintiffs the said
note and mortgage. But that said
defendant has wholly failed and re-
fused, and still fails and refuses to exc
cute and deliver said note and mort
gage OT III dIly MANNER comply WIN
said contract to plaintiffs in the sum of
81 900 with interest thereon at the rate
of per cent, from and after Oct. 5. 1883.
Wherefore plaintiffs demand judg-
men't against said defendant in the sum
Of $1,000, together with interest thereon
from and after Oct. 5. 1883, at the rate
of per cent and for costs of this suit,
and for all other proper relief.
THE MORTGAGE DONATION
Attached to this petition as Exhibit
A" is the following mortgage donation:
For the purpose Of obtaining the Ioca-
tion at or near the city of Wichita,
Sedgwick county, Kansas. of such in
dustries and other needed enterprises
which the board of trade of the city Of
Wichita may be able to secure by the
use of the property hereinafter describ-
ed; and in consideration of the benefits
which l will derive from the location
Of such additional industries, etc, at
said city, hereby bind myself to exc
cute and deliver within fifteen days
from the date hereof, a mortgage upon
the following described real estate. to-
wit: Northeast quarter OF the north
west quarter of section SO, township 26,
range l, east, being forty acres, more
or less. situated in Sedgwick county
state of Kansas, to W. S. Cor5ett. II. c.
Sluss, John NJ. Allen, A. A. Hyde and
r. f. Lawrence, TO be by them held in
trust. to be sold, assigned and trans
ferred TO such persons. at such time and
for such purposes as may be deemed
best by and determined upon by reso-
lutions 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 pur-
poses within three years after the exc
cution and delivery Of said mortgage.
then in that event the said mortgage
shall be cancelled and returned TO me.
This trust TO be in force and take e.
feet from and after the date Of accept
ance by said trustees
1T is understood that I am 10 give
an abstract of the title to said prop
erty. and that the title OF said property
shall be free and clear OF all liens,
claims, and clouds Of every kind. l.
is further understood that I am 10
give negotiable promissory note which
said mortgage shall secure IN the sum
OF one thousand dollars, $1,000 paw
able TO said trustee, or order. and due
five years after date, with seven per
cent interest. payable annually. and I
further agree -hat my wife, Agnes 8
shall join in sad mortgage. Said no-e
TO he payable on or before maturity"
Witness my hand this 2eth day Of
september. lSSS. / reside at No. -
- Street. Wichita. Kan
ARTHUR SULLIVAN.