The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-11
IN HIGHER COURT.
The Law as Exponnded by
Kansas Tribunal.
Ex-senator Henley Loses His
Double Liability Suit.
NOT ON A DRUNKARD.
Important Decision in a Fra
ternaI Order Suit.
Gueda Springs Mineral Water
Isn't Free As Air.
NOT ON A DRUNKARD

ISL Ffee AS AIT.
The supreme court decided agains
A Henley of Lawrence in a doubl
liability case growing out of the fail
ure of the old Lawrence. barbed wir
company. The case is entitled A. Hen
ley against E. E. Myers, receiver of tn
company. and was brought to collec
a judgment recovered against the com
pany, which the company was unabl,
to pay. The supreme court holds tina
the statute providing that the double
liability of stockholders to be an asse
of an insolvent corporation protected
the owner of a judgment founded on {
tort as well as claimants whose de
mands originated in a contract A
| Henley Is a prominent capitalist Of
Lawrence who went on the bond of T
t. Kelly. state treasurer, after Kelly
was unable to secure bond from any
surety company.
| The supreme court reversed the
! case of the Drovers' Live Stock Com
mission company against the Charles
| Wolff Packing company of Topeka
This case was once decided in favor OF
! the packing company and the re-
versal is on rehearing. The packing
company bought mortgaged cattle
from certain parties, but the parties
any of the proceeds to pay off the
mortgage. The court now holds that
the commission company, as holder of
the paper. has valid claim against the
packing company.
In the case of the damage suit of
Agnes Warren against the Metropoli-
tan street railway of Kansas City,
Kan, which was up on rehearing, the
court reaffirmed its former decision.
and reversed the decision of the lower
court which gave a judgment for per
sonal injuries to Agnes Warren. The
court holds that the plaintiff was
guilty of contributory negligence, and
remands the case to the court of COM
mon pleas for rem caring.
A Stafford county case against the
Santa Fe railway was decided by the
supreme court against the railway.
The suit was brought by Jacob Bishop
to recover $455 damages and attorneys
fees for damage done by fire which
it is claimed started from engine
sparks. The jury allowed S95 dam
ages and $40 attorneys fees. The SUI
preme court aff1rms the verdict.
In the case of the Modern Woodmen
against Myrtle Breckenridge, from Al
len county. the court below held that
the order was not liable for $4,000 in
surance policy issued to Thomas E.
Kelly because Kelly died of delir1um
tremenS. The insurance policy Is4Q III
1t a clause voidfng the policy in case
the holder should become an. habitual
drunkard. The lower court held this
provision to apply to Kelly's case, ana
the supreme court sustainS this opinion,
and holds that a fraternal order has
right to insert such a proviso in its
policies
A. Shook, a Hodgeman county mer-
chant, was given a decision by the SUI
preme court in the suit brought against
him by the Puritan Manufacturing COM
pany a jewelry concern. This is re-
versal of the Hodgeman county court.
The supreme court holds that there was
enough evidence to show that the con-
tract which Shook signed was obtained
by fraud and deceit, and on that
ground holds the contract void.
The original habeas corpus proceed
ng brought in the supreme court by
Henry S. Wallace to secure the release
IF his son from the Hutchinson reforma-
DRY was decided against the plalntH- |
wallace commended that his son was
convicted in the Miami county district I
curt of a felony. and sentenced to the |
when as matter OF tact, |
,e was less than 16 years of age. 1t
vas claimed that the father did not
earn of his sons plight until after the
ine for review in the district court
,ad passed. The supreme court says
hat this does not serve as ground
nr the bows release on habeas cor
Jus. but that if satisfactorily shown, II
furnishes ground for executive
lemency.
The Judgment of the court of COM
non pleas of Wyandotte county is af-
rmed in the case of Luther M. Sum
hers against the Metropolitan street
ailWay. Summers was run into by an
lectric car, and sustained Injuries
he Jury gave him a verdict for dam
ees and the company appealed on
ne ground that the demurrer to the
violence should have been sustained
he court holds that there was suf-
cfent evidence to warrant the verdict
An effort to invalidate tax deed in
sborne county was not sustained by
he supreme court in the case of NJ j.
ogIer against L. R. Stark 1t was
tark was invalid for certain techni-
al reasons. The court holds that the
eed is not subject to attack. and sus- {
Tins the decision of the lower court {
In the case of BRIDGET Dolan against /
oseph Otney. from Washington coun- l
> the court holds that the decision 7
the lower court should be affirmed. G
artin Dolan executed a deed convey S
o certain property at the time of his 7
aath The instrument was placed in L
e hands of a third party to be deliv- S
ed to Otney on Dolan's death. When t
olan died his heir. Bridget Dolan, S
aimed that the deed was inopera tive v
cause no title would pass until !.
olan's death. and that it was there
re testamentarv in its chara cter. The
preme court holds that title passed 81
soon as the deed was made. and
at Otney was merely forbidden to
ioy the possession of the property /
it'll the death.
The Santa F'e railway was beaten in 1
case appealed from Elk county by
A Coon Coon was run over by a
nta Fe switch engine in the En-