The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-07
Was Attempting to Collect Bal.
ance on a Note,
GERDOM CASE DECIDED
Parents of Topeka Man Who
Disappeared Win.
Will Now Get Insurance From
Modern WOOdmen.


was beaten in a suit which he brought
against K. B. Ringle from Reno coun-
ty. Rockefeller was a member of the
Seigel-Saunders Life Stock Commits
sion company, which sold some cattle
to R1ngle and took a note for s5,-
1886. The note was sold to a bank
and the cattle were later sold at a
loss, which the commission company
mad to assume. Rockefeller purchas-
ed the note from the bank and
brought suit to recover the balance
due. The district court decided
against him and the supreme court
affirmed the decision.
Mr.. and Mrs. Joseph Gordon of
shawnee county will now secure the
money due them on life insurance
policy written for their son, John D.
Gordon by the Modern woodmen OF
America. For the second time the
supreme court has held that John
Gordon for all legal purposes is dead
John Gordon, who was pressman
on the State Journal for several years
left Topeka in October, 1895 to go to
California. The last heard from him
was December g of that year, when
he was working for the Oakland Cal.
Tribune. During the following year
he was said to have worked in several
no definite trace of him was ever
found after he left Oakland Seven
years after his disappearance his
father and mother brought suit
lect the insurance policy. The district
court gave them a judgment which
the supreme court sustained, but
new trial was granted on account of
additional evidence which was secur-
ed. The case was tried two years
q fr al I1xy I,a
supreme court today.
In the suit of E. F. Madden against
the Cheshire Provident Institution from
Shawnee county, the supreme court
holds that the owner of property may
the deal is contaminated he gets bet
ter offer for another party and sells to
him, the first buyer has no recourse If
he does not know that the owner has
not accepted his offer. E. F. Madden
made an offer for some real estate in
Shawnee county which the Cheshire
Provident institution owned. The COM
pany accepted the offer, but before the
deed was signed or reached Madden,
another person made a higher offer for
the same property. The offer of Mad
den was then rejected and the other
accepted without any notice to Madden
that his offer had even been considered.
He brought suit for the damages
caused by the increasing price, which
he claimed he was entitled to receive.
The supreme court says he is not en-
titled to this money. This affirms the
lower courts decision.
The supreme court decided that the
act under which the people of Butler
county are trying to erect a 100000
court house is valid, and not in con-
fict with the constitution. This was
l cc=--- - L.
lower court.
The case was brought in the name of
the state by Attorney General F. s.
Jackson to restrain the county commits
sioners of Butler county from proceed
ing to levy a tax to raise money to
build a court house. Provision for such
act had been made by law passed by
the legislature, applying to certain
class of counties, but intended to affect
Butler county only.
The supreme court reversed the de-
cision of Judge Dana of the Shaw
nee county district court in the suit
| of the Oil Well Supply company
against W. s. Johnson. Chief Justice
Johnston dissenting
This was suit to recover the value
of a lot of pipe and casing used in
drilling oil and gas wells which the
Oil Well company claims was con-
verted by Johnson to his own USE
| The oil company did some drilling
| for E. N Burr & Co. and took a
mortgage for the amount due in pay
ment therefor. Later the property
was turned over to Johnson who kept
| it and refused to turn it over to the
oil company in payment of their
claim. The lower court decided in
| favor of johnson, and the supreme
court reversed this decision by a
| divided vote.
| "A member of a city council may
| be stockholder and a director in a
| brick company which furnishes ma
| terial to the city for paving a street
| and still comply with the statute pre-
venting a member of the city council
accepting contracts for city work.
| George F. Boswell, member of the
council at Coffeyville was a director
| in the Coffeyville Shale Brick COM
pany. The council let contract for
paving to Mcclure & Stanton, and
the contractors purchased their brick
| from Boswell's company Mrs. E. D.
| Ferguson and others attempted to
| stop the Improvement of the street on
| the ground that a criminal statute
was being violated. 1t was shown in
! the trial that Boswell did not know
that his company had obtained the
contract until long afterwards and
/, that the law was not being violated
]. S. Simmons, speaker of the Kansas
| house Of representatives was beaten in
| a lawsuit in the Kansas supreme court
| today in a case involving the validity of
/ q mortgage on a piece of land in Lane
! county which Simmons purchased The
question hung onwhether a man named
Lord who assumed the mortgage and
| from whom Simmons bought the prop
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