davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
: No. 1S,435.
w. r. Hewey, Appellee.

No. 184S5.
w. r. Hewey, Appellee,
VS..
Wiley b. Fouts. ct al. (Wfley B. Fouts.
Appellant.
Appeal from Sedgwick County.
Ffrst Divfsion.)
MODIFIED.
Syllabus. BY the Court. Mason, =.
/. IN the negotiations leading up to the
sale of goods which are bought for re-
SALE q statement by the seller concerning
the quantity he has already sold, and the
profit he has thereby made, may be a
material inducement to the purchase,
and if falsely and fraudulently made by
the seller, and relied upon by the buyer,
may become the basis Of an action for
damages.
2. In an action for recovery on the
ground Of fraud. where the general in
struction is given that the plaintiff must
prove his case by a preponderance of the
evidence, a new trial Is not required be-
cause of q further instruction that q ver-
dict should be returned for the defendant
II the evidence was evenly balanced, or
preponderated ito the slightest extent" in
his favor.
g. The assignment OF a claim founded
upon a tort vests in the assignee a right
of action only for the amount by which
the estate Of the tort feasor was benefited.
All the Justices concurTfng.
true copy.
Attest: d. A. VALENTINE,
| tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
. No. 1880.
The State Of Kansas, AppeiAee'

No. 1880.
The State Of Kansas, Appeiiee'
Adam Molz, Appellant"
Appeal from Kearny County,
AFFIRMED. 80.
4vlla hus BY the Court. Smt:
/. The qualification Of Juror, who n ne :
testified in regard thereto In couft, 10 =
Question of fact and judicial discreuon 70
be determined by the court ana the oeS AZ
ion Of the court thereon Will not De uas-
turbed on appeal unless it clearly aPpears
that the court has made q mistake or mas
Where the venue in criminal ac-
zion 4. established by evidence tnat tne
act charged was committed In ceftain
direction and distance from a town in
the county, from which the court ano
i,,rv nave common knowledge that the
Mace lie within the county. verdict OF
guilty. approved by the court, Will not on
appeai be set aside by reason OF the haai-
ure Of formal proof Of the venue.
2 Under the facts Of this case eva-
1ence OF the weight OF the hay SOLD. as
ascertained by weighing the same upon
other scales. was competent to establish
the true weight thereof.
An the Justices cOncurr1n8.
true copy. ,,>,rv~,u
TseaIi Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10

No. 1909.
George III. Woodhouse, Administrator,
Appellee.
w
Tho Nelson Land & Cattle Company, APP
pellant,
Appeal from Wallace County.
AFFIRMED.
No. 1858.
r. l.. Woodhouse, Appellee,
The Nelson Land & Cattle Company, APP
pellant.
Appeal from Wallace County.
AFFIRMED.
Syllabus. BY the Court. 8urch. J.
/. The defendant in an action cannot
voluntarily apply for and receive the
benefit of an exercise Of a courts general
jurisdiction and then deny submission to
such jurisdiction.
Q. The facts considered and held. that
procuring a stay OF the execution OF a
Judgment constituted a general appear
ance in the action and precluded the de-
PENDANT from afterwards challenging the
judgment as void for defective service of
process.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 10, N0.
L. v. Carr, Appellee.

No. Il, zoe.
L. v. Carr, Appellee.
Charles E. Chapman. ct al. Is. schulman)
Appellant.
Appeal from Finney County.
AFFIRMED.
Syllabus. BY the Court. West. J.
The rules that a judgment by the trial
court sitting without q jury, supported
by competent evidence. must stand, and
that an objection to q question calling for
the mere conclusion of witness Is prop
erly Observation-Disclosures.
All the Justices coucurring.
true copy. -
Attest: D. A. VALENTINE.
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 1899.
James Porter, Appellant.

NO 1S,7C8.
James Porter, Appellant
Alvin r. Beatty, Appellee
Appeal from Grant County.
AFFIRMED.
Syllabus. By the Court. Johnston, C. ].
In tax deed which had been Of record
more than five years there was a recital
that the certificate Of sale was assigned
by the purchaser to &C. 8. Hinchman.
Trustee for the Western Loan Associa-
tion." and in the granting clause there
was recital that the certificate was pre-
scented by and the land conveyed to Said
c. s: Hinchman. Trustee for The West
ern Land Association" Held. under the
rule Of Interpretation applicable where 4
deed has been Of record more than I'VE
years that presumptively the names mem
toned In the deed represent the same
to lns assignee Of the cerSifica4s Of 81.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
NO. 1881.

No. 1871.
F. F. Erhart. Appellant.
Kaw Valley Drainage District, ETC., ct
al, Appellees.
Appeal from WyandOtte County.
division No. ~
AFFIRMED.
Syllabus. BY the Court. Johnston. C. !.
Under the provisions Of the drainage
the holding OF elections. to choose direc-
tors. the board Of directors may designate
as many polling places as are necessary
to afford all Of the qualified electors
therein a reasonable opportunity to cast
their votes.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 1890.
The state Of Kansas. Appellee,

No. 1890.
The State of Kansas, Appellee,
vs.
James Dunford, Appellant.
Appeal from Shawnee County.
(2nd DivisOn)
AFFIRMED.
Sv1Iahus 2y he Court Mason.
During their deliberations in e felony
case the iury sent a message to the judge
innuirine whether they could recommend
and he feped , erect to t do
hut that the court would consider any
might make after their discnafee. Heio,
did not require the verdict to be set aside.
Notwithstanding the case was one In
ing the penalty and could grant no
parole. it appearing upon the whole rec
ord that the jury were not In fact IN
fluenced thereby.
All the justices concurrtng.
A true copy.
Attest d. A. VALENTINE,i
rCoa}1 C1orI QuDrpma Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
5@sA No. 1852
s. W.. AbernatlIy, Appellee,

. 7@sl No. 1852
Abernathy, Appellee,
W. J. Madden, Appellant.
Appeal from Ellis County.
AFFIRMED.
Syllabus. BY the Court Mason. J.
One who. knowing of the existence of :
chaftel mortgage. obtains possession oil
the morgaged property in exchange for 9
note executed by the Mortgagor prior to
the date of the mortgage, cannot maintain
notwithstanding the mortgage has moi
been filed for record.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
CSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. Il, ia.
Cicero Adolphus Hopper. ct al, Appel.
lants,

No. 1871
lants,
vs..
Sarah Rebecca Sellers. ct al. Appellees
Appeal from Pratt County.
AFFIRMED.
/. A will gave the estate Of the tesla;
trix to her seven children. share ana
and qualifications: The testatrix claimed
in the will that two sons were indebteded
that unless such amounts were paid be.
fore her death they should be deducted
from the sons portions OF the estate. The
Held. extrinsic evidence was not admis-
sble to dispute the claim of Indebtedness
made in the viii "a, and
of undue influence. Held. the question
opinion and judgment respecting the in
debtedness Of her sons had nothing to 90
tlet the IL the or
evidence disputing the claim OF indebted
ness made in the will was not material. .
Of fraud. Held. that in the absence Of
proof connecting the persons charged with
the fraud with the making Of the Will. as
disputing the claim Of indebtedness made
in the will was not material.
and % te on made asr the death
the testatrix. tending to show that he
procured the claim Of Indebtedness to be
| inserted in the will were not binding on
tie contestees and were inadmissible I'M
der the hearsay rule.
| 5. Conduct Of one who had been the
] agent of the testatrix in her life time in
: looking up evidence relating to the claim
/ Of Indebtedness in the will and entering
| the items in q book. after the execution
, OF the will and after the death Of the
testatrfx. was not binding on the con-
testees and evidence OF such conduct was
inadmissib1e to show undue influence and
fraud.
| All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
| [SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10

No. 1882.
No. 1885,.
The State Of Kansas, Appellee,
VS..
Stephen Potter. Appellant.
Appeal from Leavenworth County
AFFIRMED.
Syllabus BY the Court. Porter. J.
The evidence in each of these cases ex-
amined and held sufficient to support a
Judgment of the trial court finding the
defendant guilty of maintaining nuisance
in violation of a permanent injunction
against certain premises where intoxi-
eating liquors were found.
All the Justices concurring:
A true copy.
Attest: d. A. VALENTINE.
(Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 1858.
Frank Pierson, Appellant,

NO. l6,6o6
Frank Pierson, Appellant,
The Kingman Milling Company. Appellee.
Appeal from KinEmsn County.
Syllabus. By the Court. Mason. J.
!. An agreement to provide person
with employment during his life is not re-
writing and signed by the party to be
charged. since its performance will not
necessarily extend over a year.
2. II an injured employee, who is too
weak to read, is induced to sign a con-
tract releasing his employer from liability.
by the false representation that 1t pro-
tract being read aloud as though 1t con-
tanned such provision, constructive notice
Of its real contents is not impaired to him
by the fact that his wife, being present
as his agent. to aid him in the matter.
omitted to read 1t.
3. A writing acknowledging the receipt
OF money by an injured smp0yee ana IN
ployer from liability. although signed
only by the employee. is contractual in
its nature. and upon sufficient proof may
ing a provision for his future employ.
ment.
L. A contract by which an employer
ployment for life Is not too indefinite for
enforcement. although 1t makes no provis-
lon Tor the kind OF work to be done or the
amount of compensation.
5. Evidence to the following effect is
sufficient to take to the jury the question
| whether corporation was bound by a
contract to give life employment to an in
5ured employee: The contract was entered
into on behalf OF the company by the Sec
rotary. who acted as foreman. employing
men. making agreements as to their
wages. and discharging them. The five
directors OF the corporation owned all the
stock. They were the president (the Sec
retary's father and his wife. the secre-
tary (who was also treasureG and his
wife, and the vice .pres.dent The vfco
president told the employee before he re-
sumed work that the contract required
the company to look after him. When
the employee reported after his injury he
told the president he was ready to go back
to work according to the contract. He
was given employment which continued
, for four years.
Johnston. C. J.. Benson, ]. and West.
j.. concurring.
Burch. j.. Smith. J., and Porter, j., dis
senting.
A true copy.
Attest: d. A. VALENTINE
| lSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 1855.
D. J. Kiser, Appellant.

A. Richardson. Appellee.
Appeal from Jewell County.
AFFIRMED.
Syllabus. By the Court. Porter. J.
Plaintiff sued to recover damages for
the breach Of an oral promise Of the de-
PENDANT that he would at a certain time
in the future loan the plaintiff $1,000: to
be secured bv q mortgage upon plaintiffs
PENDANT never intended to make the loan
and that the sse was false enS
ing as a result Of the promise. Held:
/. The rule that false representations
in order to be fraudulent must relate to
no action viii lie to recover damages as
for deceit in the failure to perform q
apply and therefore plaintiffs petition
failed to state cause of action.
2. The contract being entire and in
concerning lands and not in writing, it can.
not by reason Of the statute Of frauds. be
s. No action for damages will lie for
the breach of an unforcible contract.
All the Justices concurring.
Attest: d. A. VALENTINE.
ISeal.] Clerk Supreme Court.
No. 1851
James NJ Mason, Appellant,
Skip D. Harlow. Appellee.
Appeal from Wyandote County.
division No. IL
AFFIRMED.
Syllabus. By the Court. Burch. J.
appeal (Mason V. Harlow, 81 Kan. 2T7,
ia Fac. 40, respecting equitable inter-
ference to prevent the prosecution Of a
lowed.
!. 2 A finding. by the district court of all
ant, based on conflicting evidence essen
tia1 portions Of which consisted Of oral
testimony. ends the controversy over the
facts.
| All the Justices concurring.
A true ccny.
| Attest d. A. VALENTINE,
| tSeal1 Clerk Supreme Court
No. 1850
w. H. Thornberry, Appellee.
Susanna Fletcher. Executrix Of the
Estate Of Michael Fletcher. deceased. ct
Appeal from Nemaha County
| Syllabus. BY the Court. Smith. J.
The Will set forth in the cross-pefition
| in this case. there being no evidence i'm
4 peaching its validity or the devising ca
pacity Of the testator. devfses Ill his
Vile Of the testator. without residue o.
All the justices concurring.
| Attest: d. A. VALENTINE.
! CSeaL] Clerk Supreme Court.
The Beioit Water Company. Appellant,
w
The City OF Beloit, Appellee
| Appeal from Mitchell County.
l AFFIRMED
Syllabus. By. the Court Benson, J.
A contract of sale Of water works to q
city was made by . written proposition Of
2 the water company. and an acceptance
With modification by resolution and orli-
nance of the city. BY previous contract
the city had agreed to pay certain hydr1n!
by suhoeQuent agreemenk wero 20 b -
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 1S,l 49,.
W. A. Eppler. Appellee.


T. c. Roberts, Appellant,
AFFIRMED.
Syllabus. BY the Court Burch. }.
1. In an action on a note given for the
price Of gang pillow the defendant not
false representations and breach Of war
ranty: In portions Of the charge to the
jury the court followed the language Of
sensations was eliminated by the defend
ants own testimony that he was not to
keep the pillow unless It responded to 2
breach OF warranty was submitted to the
jury who found specially that no war
Va. had ao been s,ysn the
2 The court Instructed the Jury that in
order to find the plaintiff liable on a
statements amounting to a warranty. the
character of which was properly indf-
Gated, and then that they should find GER
Ing Of the jury that no warranty was
given rendered the latter part Of the in
structson harmless.
8. Other instructions to the jury con-
| sidered and held to be without prejudice
| to the defendant.
1. Admitted statements made by the
piow considered and held. that the jury
had the right to interpret them ~ eX-
pressions Of opinion and not as war
s. The plaintiff took a note for the price
| of the plow containing provisions having
the effect Of q ohattei mortsage- He as.
The assignee foreciosed the instrument
| and the plaintiff purchased the plow al
the sale. Held. the burden did not rest or
lawful and fair.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
1Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
d. A. VALENTINE,
Clerk Supreme Court.
No. 1883.
Henry Elwood. Appellant.

No. 1883.
Henry Elwood. Appellant,
Henry Tiemafr ct al. Appellees.
Appeal from Washington County.
REVERSED.
Syllabus BY the Court. Johnston, C. J.
L II q party who alleges fraud and who
has the burden of proof on the PROPOSE
ton does not establish 1t by preponder-
ance Of the evidence the Issue must be
found against him.
2 II a party who is induced to enter
into a contract by misrepresentation Of
fact gains knowledge Of the fraud before
the contract is executed and thereafter
deliberately proceeds to perform the con-
tract on his part and to exact perform
ance Of the other party he will waive tho
fraud and affirm the viodable contract.
and especially is this true where the de-
frauded party. having full knowledge of
the fraud, enters into q new contract
recognizing the validity Of the first one
and in which he promises to do the things
that he had promised to do in the original
contract.
5. The special findings and undisputed
facts in the case examined and held to
overcome the general verdict and to re-
Quire the entry of Judgment in favor of
appellant
All the Justices concuEr1ng.
A true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10

ID. A. VALENTINE.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10

In re the Appeal of Noah Artx from Sur
vey No. 81. etc. (Noah Artz. Appel
liant: Charles H. Buskirk az County
surveyor, ETC., ct al, Appelleee).
Appeal from Butler County.
REVERSED.
Syllabus. BY the Court. Smith. J.
l. Under the facts Of this case. the
notice of appeal was rs definite as the re-
port of the county surveyor would per-
nit and was sufficient to notify all par
ties as to the particular survey appealed
from.
2. The notice OF appeal and bond for
costs were filed in time.
All the Justices concurr1ng.
A true copy.
Attest: ID. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
No. 300.
IDA Brewer. Appellant,

No. IL, zoo
IDA Brewer. Appellant,
VI.
The City Of PittsburE. ETC., ct al. Appel
lees.
Appeal from Crawford County.
AFFIRMED.
Syllabus. BY the Court. Johnston. c. J.
The title Of chapter 100 OF the Laws of
1915, being "An act amending and repeal
ing section 1909 of the General Statutes OF
1903. and repeating said original section.
in so far as 1t applies to cities Of 5000 or
less, {" sufficiently expresses tho subject of
the act although 1t only refers to the Sec
ton of the statute amended as it appears
in an authenticated compilation without
stating anything Of the matter to which
1t relates, and it is not invalid because it
purports to amend a section Of the general
statutes previously amended and repealed
nor because the title contains no reference
to the previous amended and repeating
. act.
All the Justices concurring.
true CODY.
Attest: d. A. VALENTINE,
lSeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10

No. 1917.
The State Of Kansas. Appellee,
W..
Chas. Morton, Appellant.
Appeal from Leavenworth County.
REVERSED.
Syllabus BY the Court West. J.
In order to sustain q conviction for
maintaining q nuisance In violation OF an
injunction the evidence must fairly tend
to show the defendants guilt.
All of the Justices c0ncurrlng.
A true copy.
Attest: d. A. VALENTINE.
(Seau Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10

Syllabus. By the Court. Benson, J.
A contract Of sale Of water works to q
city was made by written proposition Of
the. water company. and an acceptance
with modification by resolution and ortlf-
nance of the city. BY . previous contract
the city had agreed to pay certain hydrant
rentals at the state fiscal aEency which
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-03-10
BANK STATEMENTS.
rFfrst published in The Topeka State
Journal March z, 19141
No. 3O7S,
REPORT OF Yhh CONDITION
of thu
CENTRAL NATIONAL BANK

at Topeka, In the state Of Kansas. at tn,
close OF business March 4th. 1914.
RESOURCES
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-05-19
NOTICE TO BRIDGE BUILDERS AND


Notice is hereby given that the board OF
commissioners Of ST. Joseph county, lndi-
ana, viii receive separate sealed proposals
for the construction of a reinforced con-
crete arch bridge over the st. Joseph
river at Michigan street in South Bend,
Ind.
All proposals shall he based upon the
plans and specifications now on ME in the
auditors Office OF said county. All bids
must be on file in the Office Of the county
auditor on or before IL a m. Monday,
June l. 1914. All bids must be on form
furnished by the auditor; bids not on this
form or agreeing exactly herewith viii
not be considered i'm the letting. The
board reserves the right 70 reject any and
all bids submitted.
Notice is hereby given that the plans
and specifications for said bridge have
been approved and adopted by the board
and are now on file In the auditors office
All proposals must comply strictly with
an act of the legislature CONCERNING county
business acts. 1899. page "a, and suisse
quent acts, 1901 1903 and 1905 TO which
reference is made for the information of
bidders The said acts particularly re-
curing bonds Of either a surety company
or resident freehOlder's bond 10 the APP
proval OF the commissioners in not less
than the full amount of the bid.
CLARENCE SEDGWICk, Auditor.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-05-19

Notice is hereby given that the Board of
Commissioners of 81. Joseph County viii
receive sealed proposals for 500 tons OF
steam coal for the use of the County In
Urinary same TO be delivered at the
MuesSel switch in South Bend, during the
months Of July, August and September,
1914. at the rate Of two ears per week
Bidders will state price on either 2-inch
or 6-inch lump. AZ that is the only kind
OF coal bids Will be received for
All proposals must be on forms furnish
ed by the auditor. All bids not on this
form or agreeing Herewith will not be
considered i'm the letting Said bids to-
gether with bonds in the sum equal TO the
bid TO be fled in the auditors office on or
before II o'clock a. m, Monday, May %,
1914
The board reserves the right TO reject
any and all bids submitted
CLARENCE SEDGWlCk. Auditor
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-05-19
NOTICE TO BRIDGE BUILDERS AND
CONTRACTORS.

Notice Is hereby given that the board
OF commissioners Of St Joseph county, In
diana Will receive separate sealed prOpOs-
ais for taking down the present truss
bridge across the st. Joseph River at
Michigan street in the city Of South Bend {;
also for temporary pile bridge across the
81. Joseph River at Michigan street.
All proposals shall be based upon the
plans and specifications now on file in the
auditors office Of said county. All bids
must bee on file In the Office Of the county
auditor on or before IL a. m, Monday.
June -. 1914. All bids must be on form
furnished by the auditor: bids not on this
form or agreeing exactly Herewith Will
not be considered in the letting. The
board reserves the right 10 reject any and
all bids submitted.
Notice T. hereby given that the plans
and specifications for said bridges have
been approved aud adopted by the board
and are now on file In the auditors office.
All proposals must comply strictly with
an act Of the legislature concerning county
business. acts 1899. page 3i4. and subSe-
quent acts 1901. 1908 and 1905 10 which
reference is made for the information of
bidders The said acts particularly requir-
ing bonds OF either surety company or
a resident freehOlder's bond TO the APP
prevail Of the commissioners in not less
than the full amount Of the bid.
CLARENCE SEDGWICk, Auditor.
South Bend, Ind, Nay l.. 1914. 1926
South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-05-19
PERSONALS.

ANTED-DreSs shaking or sewing by the
day. 40 Nistuia. Bell zoos.
Would like 10 make the &C
quaintanCe of some refined lady between
the ages Of - or so years. Matrimonial
preferred Address Box ID, News Times.
WAIu rArER SALE.
Buy your wall paper now for the spring
and save half on your bill. New I'D 10
date 1914 designs at half price for 50 days
Beautiful designs s. and up per roll:
Imported Oatmeals. Two Tones Narnish
Gilts, etc; regular price PC 10 90, per
roll only Toe 10 IS per roll.
Good grade Narnish S1.OO per gal. Re
duced prices on paints, etc.
open Evenings
CHICAGO WALL PAPER CO,
Moved 10 10i West Division St, Near
Michigan St
Beautiful premiums free with every pur-
chsse