davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09

No. 1910.
NJ l. Hull and B. R Hull, doing BUSH
ness under the firm name and style OF
M L. Hull & Sons, Appellees.
VS..
Massachusetts Bonding & Insurance Com
pany, Appellant.
Appeal from Riley County
AFFIRMED.
Syllabus. By the Court. Mason, J.
l. The rule followed that the assignee
OF an account may maintain action there
on, although the assignor is the party
beneficially interested.
z Under q statute requiring an officer
contracting for the erection of a public
building to take a bond from the con-
tractor for the payment of Indebtedness
incurred for labor and material, and pro-
v1ding that action snail be brought
thereon after six months from the COM
pletion of the building. the abandonment
of work upon such building by the con-
tractor is not to be regarded as its COM
pletion, so as to bar all actions not be-
gun before six months from that time
have elapsed, where the public officers
use reasonable diligence in causing the
work to be resumed and prosecuted by
another contractor.
g. The rule that Sureties are favorites
of the law does not apply to corporations
engaged in the business of furnishing
bonds for profit
All the justices concurring.
A true copy.
Attest D. A. VALENTINE,
lSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. 1924.
Eliza a. Pomeroy, Appellee.

Aetna Insurance Company. Appellant
Appeal from Neosho COUNTY
AFFIRMED
Syllabus BY the Court 60.
l. While a deed is in escrow s, l.1Se; j.
the performance Of conditions nrsca5 slils
TO the delivery thereof by the venelo,. NJ
the venoee. there is no change in 49, t;. y
or right or possession to the prone,s+ Tue u
though the purchaser occupies II yTi.iSS -. 81
consent OF the vendor in anticipatio1l1 ms ne
chase. 4e ana pur-
2 Where, in such case, the vendor 10.
a flTe insurance policy on house sifl,s 10y
~ l e l prelillses, and the house is destrov-
the conditions of the escrow -. az oe Tor,
formed, the hazard from fire not ~
increased the right to recover on Ia
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. 1874.
A. D. Stivers, Appellant,
We

VS..
The City of Cherryvale, Appellee.
Appeal from Montgomery County.
REV ERSED.
Syllabus By the Court. West, J.
l. Ordinarily when the terms of a con-
tract are reduced to writing and signed
by one of the parties and by him pre-
sented to the other, who without signing
expresses satisfaction Herewith and a
willingness to sign and who accepts the
terms and proceeds with the work, such
contract is binding on both parties.
2. When a city receives a bid for pre-
pairing certain plans and specifications,
instructs its attorney to draw a contract
and directs the bidder to proceed without
waiting for the contract to be signed,
and the bidder theTeupon proceeds with
the work until it is nearly completed
when he is directed to cease, held that
the city is liable to him for the fair cost
and value of what he has done, whether
it has actually received any benefit there
from or not.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
fSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
LEGAL.


falsity of the representations, but may
rest upon the principle that one who by
representing that a certain state of facts
exists has nlsled another, is precIuded
from denying the truth of such represen-
tauons and from setting up a claim IN
consistent with the facts as represented,
where such claim would result in loss TO
the other and operate as a fraud upon
him
When a false representation is of a
matter presumably within the knowledge
of the person making it, not made in the
way of commentator or as an opinion
merely, but as positive assertion of an
existing fact to induce the other party
to enter into the contract, such party,
-aving no knowledge to the contrary,
may. If he act in good faith accept the
representation true and is not bound
to make inquiries or examination for him
self.
All of the Justices concurring.
A true copy.
Attest:
LSeaI1 D. A. VALENTINE
Cr.1a=-f
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. II, 402.
WILDER Lee Hart. A

No. 1902.
WILDER Lee Hart, Appellee
The Life & Annuity Association, Appel
liant.
Appeal from Brown County.
AFFIRMED.
Syllabus. By the Court. Benson, J.
l. Before the passage of the act relat-
ing to fraternaI BENEFICIARY societies (Gen.
Stat. 1909, Art. II, chap. So, an association
of that character in accordance with its
bylaws issued a beneficiary certificate;
the bylaws were amended two years
afterwards providing for the issuance Of
certificates upon a plan less favorable to
members and beneficiaries, but making
no reference to- or provision for certifi-
Gates then outstanding, and the associa-
ton continued after such amendments as
it had done before to accept payments
upon one of the old certificates, accord
ing to its terms without objection or con-
dition until it became FLY paid up and
the holder became entitled according to
its provisions to a new paid up certificate
Eighteen months after the payments had
been so completed the association for the
first time adopted a bylaw providing a
new plan for the old outstanding certifi-
Gates placing them in a separate class
and materially reducing the benefits stip-
plated for therein. It is held that the
association is, upon these facts estopped
from making such changes and that the
holder OF such a certificate who has fully
performed the contract on his part is en-
titled to a paid up certificate according
to the terms specified in the one so held
and the bylaws in force when it was
lSSu6Cs AlInOuBn II was Issued subject to
amendments that might be thereafter
made
2. Upon the facts stated in the proceed
Ing paragraph the certificate holder is
not precluded from maintaining his action
because of delay in commencing it.
3. Although the plan Of benefits provid-
ed by the bylaws of a fraternal benefic-
larry society. is afterwards found to be
impracticable, the contract contained in
the certificates issued in accordance with
the original plan is not unconscionable 50
that a court OF equity should refuse to
enforce it, in suit brought by holder
who has made all payments due there
on which have been accepted without OBJ
lection or condition.
4. While the statute relating to mutual
insurance companies was in some re-
spects applicable to certain mutual bene-
fit associations engaged in the business
of insurance before the passage of the
act relating specifically to such societies, |
still the former act did not apply to the
defendant association, which operated /
under the lodge system, under the super |
vision of a grand or supreme lodge. Gen. |
Stat. 1901, sec. 3543.)
All the Justices concurrIng.
A true copy
Attest:
LSeal1 D. A VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09

No. i, 387.
Ed Howell, a minor, By James Howell,
His Next Friend, Appellee,
VS..
The lola Portland Cement Company, APP
pellant.
Appeal from Allen County
AFFI RATED.
Syllabus BY the Court. Smith, J.
The instructions given to q jury should
all be read and construed together and
although a single expression in an in
struction may seem misleading, error will
not be predicated thereon if the instruc-
lions together constitute a correct state
ment of the law applicable to the case.
All the Justices cOncurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
LEGAL

each" Held that demurrer to the plain
tiH's evidence was improperly sustained
mat the question of substantial compli-
ance should have gone to the jury under
proper instructions as to the meaning and
Application of the quoted phrase.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
". V. Jackson. Appellant,

Earle Guss and CLYDE C. Guss. Appenees.
Appeal from Comanehe County
AFFIRMED.
Syllabus BY the Court Mason .
The statute as it existed prior to
1903. providing that the county treasurer rr
should offer school land for sale aLleI
giving -four weeks notice thereoL ~ .
newspaper, required that publication
should be made twenty-eight days before
the day OF sale. -.- ---..,.
?. A sale made under such statute with
out that requirement having been met
vas void. although four successive pub
Iications in a weekly paper had been
made prior to the day of sale.
All of the Justices concurring
Attest D A VALENTINE,
TSeaI1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. 1871

No. 1887.
The Ottawa Condensing COMPANY. An
pellee
vs.
d w. Dawkins and J. W. Reed Appel-
lantS
Appeal from Franklin County
AFFIRMED.
Syllabus. BY the Court Porter 7
L An action to recover a part of the
consideration of a contract which it Is
alleged was paid by reason of the fraudi,
lent presentations of the defendants as
to the amount due thereon is an action
Cor relief on the ground OF fraud and NOT
an action upon contract.
2 X p. Rly- Co. V Mccormick On
Kan 107. and Ryan Y. Leavenworfh q
N w Ry. Co.. p Kan. SIS. 404. followed
and held that in an actin for relief ,,ro-
the ground of fraud where a discover1l Of
the fraud must be alleged to avoid arc
bar OF the statute of limitations as pro-
vtded by section II subdivision 2 or M
Civil Code. the circumstance ,1rSa
which the fraud was discovered need not
be stated: nor IS the plaintiff reo1fred to
negative the fact that the fraud might
have been discovered earlier.
All the Justices concurring
A true copy.
Attest. D. A VATENrrrN-r
tSeai'l clerk of Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
LEGAL.

contract Of insurance is not forfeited.
g. Under the facts in this case the doc
trine of election of remedies has no ap-
phcation-
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE
fSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. 1892.
George Bless, Appellee,

GGOTS6 6lCSSs <APpSlA00s
Mary Blizzard. ct al, Appellants,
Appeal from Sumner County.
Syllabus. BY the Court. Rurch, J.
/. The words ''to stay with and care
fer" used to express the consideration
of a contract to make a will, have no
fixed legal Specification. In the light Of
the situation and circumstances of the
contracting parties in this case they may
well indicate personal association, care
and attention, not including the furnish
ing of groceries, other necessaries and
medical attention; and the parties them
selves having so interpreted the contract
that will be accepted as the true meaning.
2. Under the facts of this case a con
tract of the kind indicated, whereby the
will If made would devise land worth
81. 800 subject to debts to the amount of
$500 is not inequitable and win be specifi-
cally enforced although the promisor
lived and enjoyed the consideration for
only eighteen months
All the justices concurring.
A true copy
Attest: D. A. VALENTINE,
TSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09

II 4 1AueheIs AppeIIee,
Daniel Murphy and Mary Murphy, his
wife, Appellants.
Appeal from ottawa County
AFFIRMED.
syllabus. By the Court. Johnston, c. J.
In order to redeem mortgaged premises,
sold under judgment of foreclosure, the
redemptioner is required to pay the
amount for which the land was sold, and
interest thereon, together with costs and
taxes, and the word 'costs," as used in
section 6071, Cen Stat 1903, means the
costs OF redemption and not the costs
which accrued in the foreclosure action.
All the justices concurring-
A true copy.
Attest D. A VALENTINE
lSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. II, S77.
Joseph Barber, Appellant,

vs..
The Chicago. Rock Island & Pacific Rail-
way Company, Appellee
Appeal from Brown County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
A contract for the shipment of cattle
provided for transportation for the care
taker in charge of them. The contract
was signed after the cattle were loaded
and by the time il was signed the train
was in motion The conductor refused
to stop the train and the caretaker was
injured while trying to get aboard the
caboose Held, the contract, which re-
Quired notice of injury to person or prop
erty as a condition precedent to an action
for damages, was operative at the time
of the injury
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. II, 1872.
elem +. Baker. Appellant

elem +. Baker. appellant
VS. -,
Tho Central National Bank of Ellsworth
a corporation 9, ion . ApP9liecs County.
REVERSED.
Syllabus. BY the Court o,+a3s IN
/. Giving a mortgage on real estate Ia, a, =.
lieu and in satisfaction OF ahOlilsi , ~ -, - =
rnent of the latter as TO entitle the mort
gagor to its satisfaction Of record-, r,-,
. If a bank send an agent 10 deal W. 49,,
a Tnortragor. with authority to make fuli
ssst+Ier1s17 and enter, or agree to enter
Satisfaction Of record, a demand for suGn
safisfacffon made upon the agent Whlie
thus authorized is sufficient; ,.,.
Johnston, c. J., Mason, J., smith, j.
Porter J.. Benson, j., concurring-
Burch, J., dissenting
A true copy. 1900,
Attest: D. A NALhN L C,S,-+
LSeaLl Clerk supreme - I
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. IL. $50
Clarence Smith, Appellee,

No. IL. $50.
Clarence Smith, Appellee,
VS..
The lola Portland Cement Company. APP
pellant.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court. Porter, j.
!. Before judgment will be reversed
for misconduct of counsel of the prevail
ing party occurring at the trial it must
be made to appear that such misconduct
prejudiced the rights Of the defeated
party
2 Ordinarily where the trial court has
directed the jury to disregard the matter
and with full knowledge of all the cir
cumstances has approved the verdict and
has overruled a motion for a new trial
based upon the ground of such miscOn
duct this court will not reverse the judg-
ment- Especially is this true where the
verdict does not appear to be against the
preponderance of the evidence and where
the amount of the verdict apears not to
be excessive.
All the Justices concurring.
A true copy.
Attest. D. A. VALENTINE,
LseaI-l Clerk Supreme Court.
No. 1881
The Life & Annuity Association, Appel
liant,
vs.
Jacob G. Shilling. as Treasurer Of Brown
County, Kansas, Appellee.
Appeal from Brown County.
AFFIRMED
Syllabus. By the Court. Benson J.
Real estate obtained by an appropria-
ton made by a fraternal beneficiary as
ISOLATION from Its reserve or emergency
fund for a home office building, occupied
and intended to be permanently used for
that purpose Is not exempt from taxation
as part of such fund, under the provis-
ions of section 1913 of the General Statutes
of 1909.
All the Justices concurring.
A true copy.
Attest: D A VALENTINE
ISeai.l Clerk Supreme Court.
No. II, 4O4
Santa Paula Commercial Company, a
Corporation, Appellant,
vs.
Parkhurst-Davis Mercantile Company. a
Corporation, Appellee.
Appeal from Shawnee County
REVERSED.
Syllabus. BY the Court West I
In an action to recover damages for
failure to accept a shipment of English
Wainuts the testimony on behalf of the
pialntlI showed such circumstances and
conduct as to afford some basis for find
ing or lnferrtng that there had been a
substantial compliance with a contract
calling for $50 sacks of about 100 lbs,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. II, 355.
S E. Gibson, Appellee,

No. II. 355.
Charles E. Gibson, Appellee,
Caroline McCIees, J. v. Lycan, ct al,
Appellants.
Appeal from Seward County.
AFFIRMED
Syllabus. BY the Court. Johnston O. T.
The inclusion in a redemption notice OF
an amount in excess of the taxes charged.
with interest calculated to the last day
of redemption, renders the tax deed void
able and subject to be defeated if at
tackled in due time.
All the justices concurring.
A true copy.
Attest: D. 4. VALENTINE.
lSeall Clerk Supreme Court.
No. II 352.
The Peoples Bank of Minneapolis. APP
pellant,
VS..
David w. Reid, James T. Reid and James
L. Jones, AppelIees.
Appeal from Allen County
REVERSED.
Syllabus By the Court. West. J.
When it is alleged that a contract to
supply water for irrigation and to pur-
chase for the grantee certain land was
fraudulent and not carried out BY the
grantor it is competent to show that the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
MONEY.

MONEY to loan on i've stock. pianos, or
guns, typewriterS, household gooda and
personal security. l. Biscoe. 523 Kan. ave
$1,000, 10000 to loan on farms In any
amount from $500 to $500 000.0O in January
Privilege of partial payments given. In
terest 5 per cent and q reasonable COM
mission, or per cent and no commission
$500, 90 to loan on inside Topeka prop
erty. Money ready. No delay if title is
satisfactory Better Realty & Loan Com
pany, first floor, New England Building.
MONEY TO LOAN on personal property
and collateral security, on easy terms
G. H. F'lintham. 9O6 E. 4th St
PROMPT Realty Loans Ella N. Peacock.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. 1885.
II E-fIrfv,G nn1Tfan+

vs..
The Board of County Commissioners of
Wyandotte County, and Henry T. Zim-
mer. AppeIlees-
Appeal from Wyandotte County District
Court.
REVERSED.
Sylla bus. BY the Court. Smith =
I. reward, offered and published by
n board of county commissioners under
Section $500, Gen. Stat. 1903. is offered to
every citizen and when the offer comes
to the knowledge of any one, and he be-
gins the undertaking of doing the things
upon which the offer IS conditioned for
the purpose of gaining the reward, a con-
tract thereupon arises between him and
the board of county commissioners that
If he accomplishes the results specified
he shall receive the specified reward
. Since it Is not within the power OF
any citizen, literally to do by himself or
his agents. the things specified in the
statute and in the published offer. it is held
that If he substantially accornpIishes the
full objects of the offer. aided by the Of
ficers of the law in the orderly perform
ance of their official duties he has met
the conditions of the contract and earned
the reward.
All the Justices concurring.
A true copy.
Attest; d a. VALENTINE
tSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09

No. 1851
Henry Westerman, Appellee,
vs.
Kizer Corder and Ida Corder, Appellants
Appeal from Thomas County.
AFFIRMED.
Syllabus BY the Court Benson, J.
L Where false representations are
made by a vendor in the sale of property,
the application OF the doctrine of equ1t
able estoppel does not necessarily depend
upon the knowledge or the vendor OF the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. II, $50.
David Taylor, Appellant,

NO. Ii oCu-
David Taylor, Appellant,
VS..
Charles P. woodbury., ct al, AppeiIees.
Appeal from Clark County.
AFFIRMED.
Syllabus By the Court. Porter J
l. Service of a notice of an application
to open a judgment under section 80 of
the civil Code may be by registered letter
mailed to plaintiffs attorney of record
and his signature on the return card ac-
knowledging receipts thereof will be con-
sidered prima facie proof of such SER
vice
2 The district judge at chambers has
power to hear and determine an applica-
ton under the provisions of section So Of
the Civil Code to open a judgment and
permit the defendant to answer.
All the Justices concurring.
A true copy.
Attest D. a VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
No. 1876.
Emma A Reif1, Appellee,
e Susie Tressler and Samuel B. Tressler,
Appellants.
Annual from Johnson CO1Jntv

Susie Tressler and Samuel B. Tressler,
Appellants.
Appeal from Johnson County.
AFFIRMED.
Syllabus. BY the Court. Johnston. c. }.
L One who is in good faith attending
court as a witness in a county other than
that of his residence is exempt from ser
vice of summons in an action brought in
that county but if he is not a party to
the litigation and is not attending as a
bonafide witness he may be legally served
with summons and, in this case, where
there is conflicting testimony as to wheth-
er he is attending court as a witness in
good faith, the finding of the trial court
that he did not attend in that capacity
is binding him.
2 Where an action is brought against
several defendants alleging that they are
Jointly liable for causing the Illegal ar
rest and imprisonment of the plaintiff
and summons is served on one defendant
in the county where the action is brought.
a summons may be issued under section
81 Of the civil code to any other county
against co-defendants residing there
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
TSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09

No. 1888.
Harris & Cole Bros, Appellees,
Joseph L. Stricken, Appellant
Appeal from Montgomery County.
AFFIRMED.
Syllabus. By the Court. Benson, }.
L. The authority of a person to make
representations and promises for another,
alleged in an answer, having been denied
in a verified reply, and no evidence OF
such authority having been given or rau-
fication shown, evidence of such represen-
tations and promises received under OBJ
lection was properly stricken out
2 A lease was signed by the lessee
to a party who undertook in the assign
ment (Which was signed by him as Well
as by the lessee to pay rent to the lessee
The assignee afterward assigned the lease
to another party It is held that the obi
CATION of the first assignee to pay rent
to the lessee is not annulled although
the lessee collected rent for time from
the last assignee
All the Justices concurring.
A true copy.
Attest: D. a VALENTINE,
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
D. A. VALENTINE.
Clerk Supreme Court.
No. 17.a41
No. II, s4
Albert E. King, Appellant,

No II, 341.
Albert E. King, Appellant
VS..
W. H. Wilson and o. 7. Wilson, Appel
lees.
Appeal from Meade County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. =.
l. A publication notice directed to 1.-THE
Farmers Loan & Trust Company, a cor
poration," given in an action brought to
quiet the title of plaintiff to land in
which 1.-THE Farmers Loan & Trust Com
pany of Kansas" had held an interest,
and based on which a judgment against
the company was rendered, is sufficient
to give the court jurisdiction over the
company where it was shown coIlat-
eral attack that the name by which the
company was commonly known in the
county where the action was brought
omitted the words "of Kansas and the
judgment is therefore binding on the
company and its assigns.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court.