Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1897-07-08
$4,000 Libel.

A large and sensational suit was
filed in the district court last week.
1t was a case in which The Kansas
Grain company sued the First Ma.
tiOnal Bank and E L. Meyer, its presi-
dent, for $4,000 damages for alleged
libel.
The petition recites that E. l..
Meyer wrote to some agent or agents
of the Santa Fe over which the Grain
Company does large volume of BUSH
ness, and used terms insinuatiLg and
implying that the grain company was
insolvent aud would he unable to
handle the grain its territory this
year. The letter then sOlicits some
other good firm to come here and en-
gage In the grain business. Besides a
copy of this letter, is exhibited cir
cular issued by MIR. Meyer describing
and offering for sale five or six eleYa-
tors which the bank had bought in at
sheriff's sale, and stating that the bank
holds a judgment for $ll 900 against the
Kansas Grain company. These
letters and circulars being sent to
those with whom the grain company
do a large business, it is alleged has
damaged their credit to the above
named sum. We understand the
plaintiff claims that the Kansas Grain
company against which judgment was
rendered to the First National Bank
as spoken of in the above mentioned
letter, is not the same Kansas Grain
com pany that is plaintiff in this action,
as since that time the company has
been reorganized under new charter
Mr.. L. J. Templar is president of the
Kansas Gram company and l.. b.
Young IS secretary. Both the plaintiffs
and the defendants are among Hutch
lnson's most prominent business firms,
and this fact with the dimensions Of
the sum for which suit is entered,
make it matter of considerable COM
ment among our people.
The banks side Of it is that some
years ago. when the Kansas Grain
cOu pany failed it owed the bank some
$4,000. On this Indebtedness they
took the elevators and still a bill of
$l1 900 was left due it, for which
amount they secured Judgment. The
old Kansas Grain company was Mis-
souri, corporation, but after Its failure
it reorganized under Kansas laws, with
the same officers and incOrpOrators, and
the bank hold that 1t is liable for the
debts of the old company. This ques-
ton is now in litigation in the supreme
court, the bank having levied upon
SO, 500 of money belonging to the new
company and held it to apply on the
judgment. The grain company sued
fer recovery of this money In the dis
trict court and secured judgment for
that amount but the bank has appealed.
The bank claims that what was written
was all done in good faith with view
to securing purchaser for the elevat-
ors. The bank also contends that this
suit is brought by the grain company
with view to forcing the payment of
this SO, 500 judgment, as the use is not
likely to be reached in the supreme
court for couple of years.
At present we do not wish to make
any comment for or against as all we
know is what the petition for plaintiff
recites. However there does appear
TO be considerable of a disposition
some of the newspapers and
citizens to Jake sides, AMI it is not i'm.
probable that before the fight is i'm
ished, a number of people will take
The opportunity to even up old scores.
improvements.