The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-07-24
Topeka Lawyer Sues Kansas
Mutual For $4,000.
Claims That Company LibeIed
Him in Answer.
RESENTS THE CHARGES
Says Statement That He Want
ed 81, 900 Is False.
Outgrowth of the Action of E.
4. Phillips Brought by Hite.

Attorney D. r. Hite has filed in the
district court of Shawnee county a LIBEL
suit for $4,000 damages against the
officers of the Kansas Mutual Life In
surance company The cause for this
action is the allegations made in an
answer to a suit filed IN the United
States circuit court here against the
Kansas Mutual by Keller, Hite q
Sherman, who represent E. I. Philips
of Kansas City.
The answer that was filed by R. T.
Herrick attorney for the insurance
company, alleges that Mr. H1te made
an offer to the insurance company that
for the fee of 81, 900 he would drop the
suit fled on behalf of Phillips.
This charge and the statement in the
answer that Mr.. Hite acted in an I'M
clares, was m ade with only malicious
intentions, and had no bearing upon
the suit. In consequence Mr.. Hlte pc
Heves he is entitled to damages TO the
amount of $4,000.
The suit was begun a month ago
when Keller, Hite & Sherman repre-
senting E. T. Phillips, of Kansas City,
No. filed a suit in the United States
circuit court here asking for an in
junction against the officers of the
Kansas Mutual company from VIII
dra wing any money from the FUNDS
of the company pending the 1nVeStga-
ton of the charges made in the suit.
1t was charged that the officers OF the
company had been withdrawing secret
earnings, and asked that the court
take and temporarily administer the
trust now being mismanaged by said
defendants, and that upon the nna1
decree the said defendants be decreed
to pay over to the corporation the sum
of $75 900, the amount which they have
unlaWfully withdrawn from its rev.
enues.''
The suit also charged that the de-
PENDANTS to the suit, Davis and Moon,
We're issuing in behalf of the company
contracts of life insurance which I'M
der the laws of the state of Kansas
said corporation has no legal author
ity to make" The petition also in
cluded a list of interrogat tories to which
it was asked the defendants be made to
make truthful answer to the court
On July 10 r. 7. Herrick filed the
answer to the petition. On account of
the allega tions in the answer Mr.. Eite
commenced the libel suit The answer
was accompanied with a motion to ex-
clude Mr.. Hite from the suit. In his
libel suit petition Mr.. Hite character
ICES all the charges against him as
irrelevant and malicious.
The libel suit is brought on seven
causes of action, for each of which $10,
600 damages is asked. Three of the
causes are the affidavits filed by Her
rick, Davis and Moon stating that Hite
proposed to them through his repre-
sentative, James A Troutman, that as
he had been offered 81. 600 by the plain
tiff to represent him in the case, he
should be given an equal amount if he
withdrew from the case, as it would
be brought by no one else" One com
plant is against the corporation of
which Davis and Moon are at the head,
for the publication in the daily papers
of the facts and contents of the an
sWer.
This is the largest damage suit that
has been filed in the district court for
a long time.