Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1898-01-11
CONVENTION HALL IS SAFE.
OPINION By COURT OF APPEALS
AFFECTS FEW SUBSCRIPTIONS.
One Corporation Cannot Subscribe for
the stock of Another-Al but One
or Two subscriptions Are
Through individuals.

The Kansas City court of appeals was in
a reversing mood yesterday and OF twenty
nine opinions handed down eleven were re-
versals. sixteen were affirmations, one was
referred TO the supreme court and one
was dismissed.
One of the most interesting o~pixions rem
dered was thai in the case of the Newland
Hotel Company. of Jasper county, against
the Lowe Furniture Company and ]. r.
Lowe. its general manager. Mr.. Lowe had
subscribed the name of his corporation TO
stock in a hotel enterprise. The hotel COM
pany sued on the subscription and the trial
court rendered judgment for the plaintiff.
The court of appeals held that the subscrip-
ton was void because it was beyond the
authority of the corporation to take stock
in another corporation.
The opinion was thought to have an i'm
portant bearing on the subscriptions to the
Kansas City convention hall Hon. j. v. c.
karnes, counsel for the convention hall
committee. said yesterday that with posi-
tons who had subscribed for stock had
done SO through individuals. The Metro.
politan Street Railway Company, one OF
the exceptions. has already paid its sub
scription. Any corporation, however, which
had subscribed as a corporation could
evade the payment of the subscription un.
- NHS -" oAN AAS 49,
of appeals. Mr.. karnes said there was no
danger that the convention hall committee
would lose anything, as the opinion hand
ed down yesterday merely declared the law
and not a new principle.
The court decided in another suit brought
by, the same hotel company that a written
subscription by an individual bound him
to pay in money, thong he had a verbal
understanding that he might pay a part in
materials.
Interesting Insurance Decision.
rrt. oa,,s soz;aoa 49, -haz. sha H., lana
of a beneficiary order provided that policies
should be paid to the widows. orphans.
members of the families or other DEEPEN
dents of the insured. any beneficiary who
might be named in the policy other than
even. though the mother Of the insured.
could not recover. This decision applies
only to orders whose bylaws make such
principle in insurance litigation.
David Lister. Of Pettis county, was a
gineers. His mother was named as bene-
fciary in his policy, but upon his marriage
the the mother Io went m to i've IN n, h tps own sn,; house ee
dependent upon him. He had declared his
intention of making his wife the bene-
ficiary. but, the formal change was never
made. At his death the mother sued and
secured Judgment for the amount OF the
Insurance; The court Of appeals reversed
laws the widow was entitled TO recover.
though another person, not a dependent.
WAS NAMED dS Del6IlClafy.
D. S. Morrison is a gIovemaker of Grim
nell. Ia. and w. ]. Lesser is a merchant
of Corder, Mo. Lesser ordered a lot of
gloves in two installments. The first was
Inferior to the samples shown but hi paid
for a portion and then countermanded the
order for the second consignment. T
sued for their value. The trial court de-
cided that the merchant had a right to re-
scind his order for a part of the goods
when the first consignment was not up to
specifications.
Mistake of n Gamblers Wife.
Emma Austin. the common law wife of
Isham Austin. a gambler of Linz county.
made a great mistake when she came to
Missouri. sued as the widow of a resident,
and received a portion Of her husbands
estate. Austin had lived for years in New
Mexico but came to Missouri to die at his
old home. He brought several thousand
dollars: after receiving a portion of this
estate his widow claimed that he had never
abandoned his domiciliary residence in New
Mexico. but that she was entitled to re-
ceive the rest Of the estate under the laws
OF that territory instead of being governed
by the laws of Missouri. The trial court
held she had forfeited her lights by su-
ing in this state as the widow of a resident
and could not now SUE as the widow of the
resident of any other state or territory.
In the case of ]. B. Shelby, of Lafayette
county. II was held that the Missouri Pa
citic road was not liable for damages for
falling to deliver stock during the Mis-
souri, Pacific strike of 1894.
H n. Blanton was a Vernon county
attorney. He entered into a contract to
defend A. ]. King in three suits, but
abandoned the last one and sued for serv-
ices in excess of the contract amount. The
court of appeals held he could recover only
the amount agreed upon.
An interesting point in railroad litigation
was decided in the case of ]. S. Turner, of
Carroll county, against j. J. McCook and
at Carrollton for Hardin and boarded a