The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-06-08
No. 1856.
s. D. Cooley and the Bankers Union Of
the World, a Corporation.

No. 1856.
s. D. Cooley and the Bankers Union of
the World, a Corporation.
Error from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Benson, j.
l. Where written agreements are in the
hands of the nonresident president of a
defendant corporation and a notice to
produce them was given and an order TO
which was not obeyed, copies of such
agreements may properly be received in
q Where a fraternal order issues ben
eft certificate which is treated by It's
successor. another benefit order, as
holders thereof are in every respect also
treated as members of the new associa-
of the beneficiaries be held liable to the
same extent that the association issuing
the certificate would have been liable had
it continued in business.
8. Ordinarily the period of time limited
for the commencement of an action
against trustee does not begin until he
repudiates the trust or denies his liability.
and 1T should appear that the beneficiary
had. or ought to have had, knowledge Of
statutory period begins TO run.
4. A fraternal order approved proofs fur
tificate holder; made and collected an
assessment for fund to pay the same
In full and ordered Its secretaT Tyd ana
part thereof The remainder of the
amount SO collected was intermingled with
other funds, but having on hand money
sufficient to complete the payment set
it apart and reserved it in the hands of
its secretarv and treasurer for that pur
pose. Becoming embarrassed the assoca-
ton entered into an agreement with an
other of like nature which thereby sue
ceeded to Its business. property and eff
fects to which successor the secretary and
treasurer paid the fund so reserved upon
the express agreement and promise that
such successor should apply the fund to
| the purpose for which It had been so
reserved. This application was not made,
not been paid. and the association which
| issued it is insolvent Held. that. the fund
with a trust for the payment of this
claim, and that the officer SO parting with
liable lei to til the Claimant for the amount due
| upon the certificate
| All the justices concurr1ng.
Attest: D. A. VALENTINE.
! ISeal.1 Clerk Supreme Court
No. 1857
| Reeves & Company, a Corporation,
VS..
T. v. Brown.
Error from Barber County.
REVERSED.
Syllabus. By the Court. Johnston. c. J.
/. Except as to matters affecting his
credibility the cross examination of a
witness should be confined to the sub
animation If a party desires to examine
| the witness new and independent mat
1 leTS ne SQOulQ Hldk0 lie WlLucSS us VWIi.
2. mortgage, in which the property
| was described as Two thirds CD of nine
| ty 600 acres of growing wheat, all this
wheat on Mrs. Teas farm. one mile south
and one mile west Of the City of Kiowa;
on farm, which is North East quarter
Cd of Section No. II, Township No. g.
Range No. II, Woods County, Oklahoma.
This instrument covers wheat in field
shock, stack, wagon, granary or wher-
| ever found, which said above described
property at the date of these presents, is
| part etc. is not invalid on its face for
Indebtedness of description. and after a
witness has testified in a trial to enforce
the mortgage that the mortgagor had
more than ninety acres of wheat on the
farm described and the correctness of the
other. parts of the description. was un,,
questioned the question whether third
parties, under the description given, and
by reasonable inquiries suggested by the
| Instrument, could identify the property
intended to be mortgaged was for the de-
termination of the jury.
! All the Justices concurring-
A true copy.
| Attest: D. A. VALENTINE.
| rSeaE1 Clerk Supreme Court.
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