The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-07

| session of the laundry and then SOLD IL
again. The bank brought suit against
/ Hart for $500 and secured verdict in
| the lower court. The supreme court
/ in unfolding the decision of the lower
! court held that Hart was liable for the
money on the strength alone of his
/ misre representations.
The supreme court today held that
any kind of a mercantile organization
was a moneyed corporation if it had
been organized for the purpose of pc
cuniary profit. Alvin c. Chance OF
! Thomas county had been accused of
making false entries in book of ac-
counts kept by. a moneyed corporation
and he was convicted in the lower
court. He appealed upon the ground
that the Chicago Lumber & Coal com
pany, whose books he was accused OF
falsifyir was merely a mercantile
organization and not a moneyed cor
poration within the meaning of the in
dictment upon which he was convicted,
but the court held in Affirming the
case that anyone who was guilty of
forgery in the keeping of books for an
! association organized for pecuniary
profit would come under the head of
the language of the Indictment.
The supreme court decided another
point of law in the Alvin C. Chance
case from Thomas county. by holding
that where a party affixed to. note
signature which he intended shall be
regarded as that of another person the
act is not prevented from being forg
cry by the circumstance that the name
is not correctly written So the court
upheld the Thomas county court in its
verdict against Chance. Chance signed
the name of Henry Helm to a docu-
ment in order to secure money to
cover the shortage in his accounts but
he signed the name "Heinis" instead
of Hem" and undertook to evade re-
sponsibility on this technicality. But
the supreme court brushed aside the
technicality and held only to the in
tent of the defendant in this case.
The supreme court today denied J.
NJ. Davis the writ of mandamus prayed
for to compel State Auditor Nation to
issue patent to him for certain school
lands in Meade county. The court held
in deciding this case that the law of
1907, which declared that unless an
action was begun within six months
after forfeiture of land had been de-
clared patent could not he issued for
the land in question was constitutional.
The plaintiff in this case attacked the
constitutionality of the law on the
grounds that six months was not
enough time in whic hto prepare and
bring action. The court held that six
months was sufficient time The deci-
sion in this case has an important
bearing upon all western Kansas
school lands, in view of the attempt at
regard to forfeitures, and will require
more strict attention on the part of
settlers in the matter of payments of
interest and notice taken of papers
served by county officers.
The supreme court has affirmed the
action of the Shawnee court in its
award of $500 exemplary damages to
Merle Hollingsworth in his suit against
the Western Union Telegraph company.
In hn foe clOx +I,o
the telegraph company had failed to
deliver telegram informing him of the
dangerous illness of her father. The
message was sent from Carthage, Mo-,
at $40 in the morning. 1t was not de-
hvered until 10 o'clock the next morn
ing and she failed to reach the bedside
OF her father until several hours after
his death. Had the message been de-
iVered promptly she could have reach
ed her fathers bedside many hours
before his DEATH The court found
nothing in the evidence introduced by
the telegraph company to excuse his
failure to deliver the message promptly,
and the only question at issue was the
amount of damages to be allowed The
mere fact that the company sent the
message out by a boy the might it was
received and that the boy knocked five
times at the door of the house where
Miss Hollingsworth lived did not, in
the eyes of the court constitute an
excuse, Miss Holngsworth was work
ing that night at the store where she
was employed, and there was no good
reason why she should not have re-
ceived the message Justice Porter dis
scented from this decision.
M. c. Kennedy will not be ousted
from his office as county commission
er of Leavenworth county. The Kan
saS supreme court denied the appli-
cation of the attorney general for a
writ of custer today. Kennedy and
c. c. Blakeley were accused Jointly of
transacting official business in rath-
charged that they let bridge contracts
without advertising for bids and that
the amounts paid were in excess of
the real cost of the work 1t was
charged, inferential1y that there was
grating in the letting of the contracts.
The suit was really brought by the
taxpayers league and was prosecuted
by the leagues attorneys with the con-
sent OF the attorney general who
really had nothing to. do with the
case. When the custer suit was
brought against Blakeley he resigned
at once and the case was dismissed
against him. Kennedy decided to
fight the case through
Wien jointist gives bond for his
appearance in court and then does not
appear, even though his attorney is
on the job the bond may be forfeited
and collected for the county. This is
the decision of the Kansas supreme
court in the suit of the state against
H. 3. Johnson, appealed from Frank
lin county. Johnson was arrested for
selling liquor. He gave bond for his
appearance in the justice court. When
the case was called johnson failed to
appear. 1t was then continued for a
week. At the second hearing John
son failed to show up but his attorney
was present. The court forfeited the
bond and the case was dismissed.
Johnson then sought to prevent the
collection of the bond and the district
court held that he was not liable. The
supreme court reversed this decision
and held that the bond must be paid
| SI-PRENiE COI-RT DECISIONS