The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-05-03
FIGHTING IT HARD.
Old Capital Stockholders in the
District Court.
Remington Paper Company Try
ing to Get Its Pay.
LELAND ON STAND.
Shows How a Political Paper is
Conducted.
Didn't Know That He Had Stock
in the Concern.
LELAND ON STAND.

The suit Of the Remington Paper COM
pany against r. L. Thomas. one of the
stockholders of the old Daily Capital
company, was decided as already stated
in the district court Friday afternoon
before a jury. Judgment for 81, 800, rep
resenting the five shares at $500 apiece
owned by Thomas, was given the paper
company.
Thesuit against Thomas was the out
growth of several years of litigation
The Remington Paper company brought
suit against the old Daily Capital COM
pany several years ago for $500, with
interest, for paper furnished the COM
pany. Judgn ent was secured amount
ing to $4,000, but as the company mad
been reorganized it was found that the
account could not be collected except by
suit. ThereupOn the company started
suits against the stockholders individ-
I ually.
The Remington Paper company was
! represented by QuintOn & Quinton and
! the defendant by Welch & Welch- The
! defense made in Fridays trial was that
! the statute of limita tiOn had run agalnst
/ the claim. The defense maintained that
/ three years constituted the limitation
and that the suit had not been brought
until four years after the old Daily cap
! ita1 company became defunct
The attorneys for the plaintiff main
| tanned that under the law suits could
not be brought against individual
/ stockholders until a year had elapsed
after the company had become defunct
| and that after the expiration of that
year suits could be brought any time
within three years.
The contention of the attorneys for
! Thomas was that the Daily Capital
/ company suspended business October
! 23 1895. At that time directors meet
/ ing was held, and as the finances of
/ the company We're found to be IN pre-
] carious condition, resolution was
! passed to the effect that the Daily Cap
ital should be turned over to John r.
| Mulvane who held three mortgages on
the property of the company. Mulvane
took charge of the Daily Capital No
| vember II, 1895 The attorneys for the
/ Remington company claimed that It
was not until that date that the Daily
Capital company became defunct-
The petition in the suit of the Rem
| ington company to recover was filed
October 23 1899 a few weeks short of
| four years after Mulvane took charge.
! The attorneys for the plaintiff claimed
| that therefore the suit was brought in
! time and that the statute of Limitation
/ would not run against the claim.
The court held Friday afternoon that
the contention Of the attorneys for the
| plaintiff regarding the statute of limita-
ton was correct and so instructed the
jury on that point When that had been
| done R B Welch announced to the jury
that under the instructions of the court
| that verdict giving the plaintiff judg-
| ment for $500 would be the only YER
1 dict that the jurymen could find.
The defendants attorneys also expect
| ed to make a point, the same as made
before, that Dell Keizer as business
| manager had no right to sign the notes
held by the paper company. The court
held that the defendant, by the answer
! and by the pleadings in the case, had
waived all rights to make that conten-
ton in the case.
The Remington Paper company has
filed suits against all the stockholders
of the defunct Daily Capital company.
The suits are against Cyrus Leland. Jr.,
Governor E. n. Morrill,, Arthur Cap
per, r. L. Thomas, T. W. Harrison,
Harold T. Chase, Dell Keizer and J. K.
Hudson.
SUIT AGAINST LELAND.
The suit against Cyrus Leland, Jr., as
a stockholder in the old Daily Capital
company was tried in the district court
this morning The suit was brought by
the Remington Paper company on the
ground that Leland owned four shares
at $500 each in the Daily Capital COM
/ pany and was liable as stOckhOlder.
Mr. Leland's defense was that he con-
! tributed 81 900 to the Daily Capital COM
pany as a political loan and that he
did not know that stock was issued to
him and that he never had it in his pos
GENERAL HUDSON CALLED.
General J. K. Hudson was placed on
the stand by the attorneys for the pa
per company.
Were you president of the Topeka
Capital company" was asked by Attor-
ney Quinton.
''Yes. sir" replied Gen. Hudson.
Did Cyrus Leland. Jr., hold stock in
the company"
7 believe some stock was issued tc
him. was the reply.
Did you ever transfer or assign tC
Cyrus Leland, Jr., any stock in the To-
peka Capital company"
There were four shares issued to Mr.
Leland"
The answer is not responsive" said
Judge Hazen.
The question was read over by the
court stenographer
I fnd ny name signed to receipt
for stock said Gen. Hudson referring
to record.
On Examination Attorney d. r
Eiite said: VIII you state under Wha1
circumstances you executed the pre-
tended assignment"
There were three blocks of stock is
sued 70 Mrs. Isabelle Crawford. F.. n
Morrill, and Cyrus Leland, Jr I ha6
nothing to do with it except to sign it
All I had anything to do with was ths
issue to Mrs. Crawford
did you issue the stock to Mr.. Leland
individuality"
No"
DO you know that he got it?"
No
Did Mr.. Leland ask you to make tn.
assignment to hin2''
No"
On redirect examination Mr. Quinto1
said: Those four shares Of stock wer,
E yours2.
Yes
: You assigned them to some one?''
we object said Mr. Hite
.Overruled." said Judge Hazen.
Yes replied Gen. Hudson.
You received consideration from
some one?"
Yes
.I'n tell the story of the stock if yoi
want" said Hudson.