The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-11
HIT BACK AT LAST
Brewery Receivers Face a Big
Damage Suit.
George KOpff Is Plaintiff in
the Action.
DAMAGED PROPERTY.
Asks for Six Thousand Five
Hundred Dollars.
KOpff Said to Be Clerk for Helm
Brewery Company.


punitive and exemplary" was filed to-
day in the United States circuit court
by the Kansas City brewing interests
against the receivers appointed by the
state supreme court, T. f. Carver
Stephen H. Allen and George H
Whitcomb, to take possession of the
properties held within the state by the
various brewing companies. The
damages are said to be property dam
ages sustained at Kansas City, Kn-
sas, and Armourdale. George Kopff is
the plaintiff named in the suit for
damages. Summons was served on
the receivers at the time the suit was
filed.
"Kopff is clerk for the Helm
Brewing company or the Ferd Helm
company, I am not sure which, said
Judge Allen, one of the receivers.
'"The property named in the suit was
evidently transferred to him about
the time that Trickett commenced to
get busy down at Kansas City. Kan
sas. Most of this property is held by
the Kansas City Breweries company,
which is a sort of holding company
for the Helm, Rochester and Imperial
breweries. The property, or rather
we think this property, was held by
the Fremont Land and Improvement
company. Probably this description
of property may contain some that we
nave ONeIiooheu' Siiu uuS0 AAieA
with smile.
This is the first damage suit to
grow out of the receivership. OF the
$6,50O. $4,000 is asked for actual
punitive and exemplary damages.
Kopff states that the receivers did
consid erabIe damage to the buildings
which they forciblv seized.
''This suit, by the way. points out
something" said a state official.
teTT1I,o foI Iii n
about the big fees of the receivers will
find ont that the receivers are liable
to be harassed and worried by this
sort of thing for years. If the brew
against the receivers, not against the
state.
'eWhen the compensation was fixed
for the receivers the court took this
under consideration"
The allegations are as follows:
'"And for cause of action plaintiff
states that heretofore, towit. on the
first day of May, 1907, he was the
legal owner, in possession and lawful
ly entitled to the immediate possession |
of the following described real estate
in the city of Kansas City, |
county of Wyandotte, state of Kansas,
towit: The property described con- |
sists of ten and fractional lots in the |
city of Kansas City, Kansas, and eight |
lots in what was formerly Armourdale, |
but is now a portion of Kansas City. !
Kansas. and also in addition a tract of
land situated in Armourdale.
THAT upon said property. at the |
time hereinafter stated. there were |
and yet are buildings, stores and i'm
designed and constructed |
for business purposes, and constructed, /
designed and used for business pur- |
poses, and a large quantity of said |
was in the possession of ten |
ants of this plaintiff and parties oc- !
cupying the same under him, which |
90 id nrODertv was of a value of at least |
the sum of $4,000.
THAT on or about the first day of
Nav the said defendants wilfully. know |
ingly and without authority from this |
plaintiff and against his will and con-
sent forcibly entered upon said proper |
ty and deforced the plaintiff and his |
tenants therefrom and forcibly, will
fully and with strong arms took pos |
session of all said property and from !
that date to this have continued and |
do now wilfully knowingly, and without |
warrant or authority and against the
consent and will of this plaintiff and |
against his protests, still retain con-
troll and possession of said property and |
have deprived the plaintiff of the use
and enjoyment thereof and are insist
ing upon holding and enjoying the same |
and depriving the plaintiff of the use
and possession thereof, and converting |
the property and the profits and rents
thereof to their own use and benent,
not only in the past but in the future
without limit as to time.
THAT the rents and profits OF said
premises from the time that said de- |
PENDANTS forcibly and willfully took |
possession thereof are and have been
Of the value of the sum of over $4,000.
''That the said defendants in taking
possession of said property have com
mitted waste and have suffered |
waste and damage to be COM
mitted to said premises in that they
have suffered and permitted the build
ngs to be damaged by the breaking
open Of doors and windows and dam
aging the interior and exterior there
of and caused the same to be racked, |
broken. defaced and become dilapi-
dated. all to the damage of said prem
ses and of the plaintiff in the sum of
50. 900.
wherefore plaintiff prays judg
ment against said defendants for the
sum of 81, 600 for actual damages and |
the sum of $4,000 for punitive and ex-