The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-02-14
No. 17431.
The Central National Bank of Junction
City, Kansas Appellant,

c. NJ. Sheldon, ct AL, Appellees.

app al from WyandOtte District Court
REVERSED.
syllabus By the Court Porter J
4. without any statutory provision the
Jaw y that where a number Of persons
assume to organize thenseIves into a cor
poratlon and fail to take the steps which
are essential to their becoming incor-
porate they are liable as partners for.
debts incurred by them in the corporate
name. -
2 Where a charter was regulars, is-
sued for corporation under the laws of
were called or held for the election Of
OFFICERS, and books were opened and
no capital stock was subscribed for or
paid, held, that the organization was not
completed and that the incorporators
were individually liable for debts incurred
in the corporate name.
The holder IF promissory note ex-
ecuted IN the name of a pretended cor
poratlon by one who assumed to act as
president thereof before the corporation
was completed is not estopped from main
tanning an action to recover the amount
of the note against the fncorperators by
reason of having procured an adjudica-
ton by referee in bankruptcy to the
effect that the Aote is the note of the
corporation and not that of the individual
who signed it as president. The action to
recover. against the individuals is not
upon the note but is based upon the
fraudulent acts of the incorporates.
4. The liability for debts incurred in
the corporate name extends to all who
participate in the enterprise and is of
the same nature as would be imposed if
the original plan had been to form a
partnership.
S; Persons who have held themselves
out to the public as officers and directors
of a corporation and have executed a
promissory note in the name of a pre-
tended corporation for money borrowed
in its name are estopped to claim that
the corporation was not duly incor-
porated or that it exceeded its authority
in borrowing the money.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
lSeal-] Clerk Supreme Court.
No 174sS.
Fred Washbon. Grand Master. ct al.
Appellants,
VS..
The State Bank of Hoton, Appellee.
No. 1873
Fred Washbon, Grand Master, ct al
Appellees,
The State Bank of Holten, Appellant
Appeals from Jackson County.
NO. 17435 REVERSED.
NO. 177S3 AFFIRMED.
Syllabus. By the Court. West J.
1. Certain evidence was admitted over
the objection of plaintiffs No complaint
of the ruling was made in the motion for
a new trial. Held that the question can
not be raised in this court.
>. When there is complaint by ono
party that the abstract or transcript does
not contain certain material and impor-
tant evidence, and such evidence is con-
tained in documents which were marked
and certain portions offered in evidence
and such documents filed with the clerk
of the trial court therby making the adj
mitted portions a part of the record under
section 5T5, civil code, this court may, IN
der section SIG. direct the forwarding or
such documents for examination, and
may properly examine them when volun-
tarily forwarded at the instance of the
other party.
8. appointment or authority" as used
In section 10 of the civil code means a
right to act for another, and allega-
ton to the effect that has full
right. power and authority to act for
himself is not taken as true when not
denied under oath
T. Directions by a deposition as to how
a certain deposit shall be credited, when
a part of the transaction accompany
ing it. may be shown by the banker-after
the deeease of the depositor. But such
directions given after the credit has been
made, and given for the purpose of
changing a credit heretofore properly
made may not thus be shown.
s. The grand treasurer of a frateTnal
order kept his official account in bank
whic bank Is charged by the order with
diverting a portion of its funds on de- |
post to the payment of q private deb |
of the grand treasurer. The order had |
already filed with the probate court a /
claim against the estate of the grand |
treasurer and had the same allowed and |
classified Held, that such proceeding in |
that the order may consistently pursue |
both remedies until there IS one salts |
faction.
All the Justices concurring except, |
Mason, r., who did not sit
A true copy.
Attest: d A VALENTINE.
TSeal1 Clerk Supreme Court.