The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-09

Published in The Topeka State Journal
July 8, 1921
SUPREME COURT SYLLABI.
No. 1850
u. 7. Perkins, Appellee,

L..
appeal from Wyandotte County Court of
REVERSED
syllabus. BY the Court. Benson.
where two parties have in succession
secured from city the benefits of .ordi-
nances vacating parts of the same street,
upon the same terms. and each has erect
co warehouse upon his own lot extend
ing upon ground within the limits of the
vacated street, and they have entered into
a contract with each other respecting q
right of way for one of the parties over
the propert-- of the other. in lieu of rights
formerly enjoyed in the street, the remedy
OF one of the parties for an obstruction
OF the way so granted is an enforcement
OF the contract, and not annullment Of
street
An the Justices coneurring.
Attest: L. A VALENTINE.
tSeal.1 Clerk Supreme Court.
No. 1920
The State of Kansas, ex rel, Ernest r.
Simon County Attorney Plaintiff
E. T. Fairchild, ct al, as Members of the
State Text Book Commission. De-
Original Proceeding in Mandamus.
Writ Denied.
Syllabus. BY the Court. Porter, j.
The words "a uniform series" used
in section 4, chapter 179, Laws of 1897,
Gen. Stat. 1902 sec. 1879, which author
ICES the school textbook commission to
select and adopt "a uniform series OF
school textbooks for use in the public
adopted for use in the public schools. The
use must be uniform in all schools OF the
same grade. The textbooks adopted
7 upon any subject may be made up OF
books prepared by different authors, pro-
vfded the same Textbook is adopted for
use in the same grade in all the public
schools. 1t is for the textbook commits
sion in it's discretion and Judgment to
determine whether or not textbooks by
different authors upon the same subject
are so arranged as to permit them to
be used commercially
All the Justices concurr1ng-
Attest: D. A VALENTINE.
ISeaIl Clerk Supreme Court
Fred Washbon, Grand Master, ct al, Az
pellees,
The Linseott state Bank. Appellant
Appeal from Jackson County.
AFFIRMED.
Syllabus. BY the Court. Porter. ].
l. Where a bank knowingly participates
with a depositor in a misrepresentation of
trust funds and reaps the fruit of the
breach of trust it becomes liable to the
beneficiary for whatever loss the latter
suStainS
2. The treasurer of the Grand Lodge of
Masons deposited the funds of the order
IN defendant bank. With knowledge that
he was defaulter. the bank, for the pur-
pose of aiding him in concealing as
shortage, permitted him to overdraw his
account and issued to him a certificate to
be exhibited to the Grand Lodge showing
that he had on deposit the amount OIL Iuc
certificate, the bank taking as collateral
security for the overdTaft notes repre-
senting loans made by him as treasute-
to various individuals. After his reelection
as treasurer he returned the certificate to
the bank, it was credited to his account,
the overdraft was taken up and the col
lateral returned to him. Upon his death
the Grand Lodge for the first time
learned that he was defaulter and sued
the bank for the amount of the overdra1t-
Held, that the overdraft was a loan to
the treasurer individually, that it WIS
paid when the account was credited with
the proceeds thereof, and that the bank
with knowledge of the trust character of
the fund could not accept any part there
of in payment of the personal debt of the
treasurer and is liable to the Grand Lode
for the amount of the overdraft.
8. An action by the Grand Lodge
XEainst the bank to recover the amount
y such overdraft, wherein the petition
states the facts in ordinary and concise
language, is held to be an action upon an
implied contract to refund the money and
not in tort nor for relief on the ground Of
fraud.
f. Upon the facts stated the statute of
limitations would not begin to run in
favor of the bank against an action to re
cover the money until the trustee discov-
cred the breach of trust.
All the Justices cOncurring, except Ma
son. J., who did not sit
A true copy.
Attest: d. A. VALENTINE,
TSeaI1 Clerk Supreme Court.