davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
LEGAL.
No. 1888.
John Haughton, Aprella

No. 1888.
John Haughton, Appellant,
Ralph L. SOule, ct al, A. Heidrick Sole
Appellee.
Appeal from Greenwood County.
AFFIRMED.
Syllabus. BY the Court. Smith. ].
Where A. as owner Of an interest in a
certain partnership property sells such
interest to b and accepts the promissory
note of B. with surety. for the purchase
price, and where thereafter litigation is
instituted which may affect AS interest
In the property and B, with knowledge
thereof. attempts to surrender the prop
erty to A, which A at the time neither
accents nor refuses but thereafter, with
his former partners, joints in a bill of sale
of the property to other parties and ac-
cepts such proportionate share of such
purchase price as his former interest
would have entitled him to- and also pro-
cures Judgment. that B has no interest
in the property. Held; that A will not be
heard to say that he has not accepted
return of the property from or that B
or his surety is still indebted to him for
the note given for the purchase price.
All the Justices concurrIng.
A true copy.
Attest: d. A. VALENTINE.
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
D. A. VALENTINE.
Clerk Supreme Court.

No 1907.
William NJ. Nelson, Appellee.
Hiland southworth. Harris F. Otis and
Clayton E. Bixby, Appellants,
Minnie L. Wilcox. Appellee.
Appeal from Trego County.
AFFIRMED.
Syllabus. By the Court. Benson. J.
principal note and mortgage Tor that
commissions He transferred the prin-
collected and transmitted to ner the SEMI
annual interest, until the last coupon was
due. This was not paid but he sent the
the last annual instalment on the COM
mission note: Before the maturity of the
debt. he notified n. that it would not be
N. entered into negotiations with w for
an extension Learning of this s. sent a
check to W. for the full amount then due
that the papers be sent to him. Mrs W.
declined to accept the check and returned
it After sending the check and before its
return, which was delayed by the absence
of w. from home. s. prepared notes and
mortgages for a renewal of the loan and
presented them to n. and wife and told
that w. had nothing to do with it: and
lat he (S) had the papers in his posses
son and would return them on the ex-
ing upon these representations N. and
wife signed and delivered the new notes
and MORTGAGES to S. for $2.50G00 and
$500 respectively. Learning that 8. had
not taken up and did not have the old
rarers which were still held by Mrs W..
n rendered payment of the coupon and
instalment note stfll held by g.. and de-
manded the cancellation of the new notes
and mortgages. It is held that the find
inGs OF the district court that the new
securities were obtained by a concealment
of facts ard false representations amount
ing to fraud. and should be cancelled.
are sustained
2. The holders of the new securities to
whom 8. he'd transferred them are held
to have TO better right than the payee-
ore of the notes being non-negotiable. AMI
the other transferred by assignment only.
All the Justices coucurr7nS-
4 true copy.
Attest: D. A. VALENTINE.
tSealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
No. 1901.
r. r. Chamberlain, Appellant.

No 1901.
r. r. Chamberlain, Appellant,
George Wagner. Appellee.
Appeal from Wichita County.
AFFIIsMEh
Syllabus BY the Court. Burch. ,.
Under the facts stated in the opinion
it is held that a real estate agents COM
mission. consisting of the Profits arising
from an exchange of his principals land.
demand his earned commission accrued.
when his principal accepted a purchas ser
produced by the agent. on terms satisfac-
tory to the principal
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
lSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
No. 1901.
Mary Ternes, Appellee.

No. 1901.
Mary Ternes, Appellee.
John T. Giles, Appellant.
Appeal from Sedgwick County.
Division No. 2.
AFFIRMED.
Syllabus BY the Court. RenSon J
The principles of law applicable in an
action for damages caused by collision
between an automobile and a carriage
and horse, stated in Giles V. Ternes, SO
Kan. 140. (sy1. 2. 8, ~ are followed in an
action by the wife of the driver of the
carriage for her injuries suffered in tie
same collision.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE.
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
No. 19.O68

No. 19,068
Bessie c. Ross, Administrative. Appeilee'
St Louis & San Francisco Railroad Com
pany, Appellant.
Appeal from Wyandotte County
division No. -
AFFIRMED.
Syllabus. BY the Court. Benson. >.
l. In an action to recover damages 1or
the death of railroad empioyee ny al
cumstances to which the Federal Employ
ers' Liability act applied. an instruction
was given defining contributory neghg
ence and in another instruction mo 81
the court said that IL the deceased was
guilty of contributory negligence and
9'that said negligence directly contributed
to his injury, you should take said neg
ligence into consideration in arriving at
the amount OF your verdict as hereinafter
explained, II you find from the evidence
but If you ind from the evidence that the
contfibutory negligence OF the deceased,
Otto Ross was the sole aid proximate
cause of his death, then you should Tine
a verdict for the defendant.
A verdict was returned Tor the oeIend.
ant, but was set aside and new trial
struction No mistates the law in the last
part thereof in regard to contrloutory
negligence"
right to a plain and unambiguoLs instrc-
ton to the effect that contributory negng-
ence was not a complete defense under
the federal statute referred to but should
be considered in nit cation OF damages;
(2) that as the language used was doubtful
in meaning and confusing, and the presid-
ing judge with full opportunity OF OBJ
servation believed that the instruction did
not fairly and sufficiently inform the
Jury upon a material matter OF law. the
order granting a new trial will not be
reversed.
All the Justices concurring.
A true copy. "
Attest: D. A--VALENTI nj
(SeaD Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
IE(lAl-

statute can not recover for his services,
nor for losses incurred, nor for advances
made by him in behalf of his principal IN
carrying out such illegal transaction.
All the Justices concurrln4.
4 copy.
Attest: D. A. VALENTINE,
tEeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
No. 1909.
Charles r. Smith. Appellant,

SudIlcS SIklItI1, Appellant,
VS.,
Peter L. Lands, as Guardian. etc, APP
pellee.
Appeal from Brown County.
AFFIRMED.
Syllabus. BY the Court. Mason. j.
Upon the death of the owner of a home
stead, whose wife, being insane, was cared
for in hospital, his five minor children
continued in it's occupancy. One of the
children shortly arrived at majority, mar
ried and moved away. Another upon
coming Of age married and brought his
wife to live upon the homestead. The
guardian of the minor children. who was
also the guardian of the widow. thought
it desirable to find other temporary quar-
tiers for the minors, and executed a lease
on the homestead to the who re-
manned in it's occupancy, by which SUCH
son agreed to pay him a stated amount
as rent. Held, that such amount Injured
to the sole benefit of the widow and
minor children.
All the Justices concurring:
A true copy.
Attest: d. A. VALENTINE.
(Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

Tracy J. Buchanan and VIM. Schooley,
Appellants
Appeal from Kingman County.
AFFIRMED.
Syllabus. By the Court. Benson. J.
l. While the welfare CT q child is the
paramount consideration in awarding his
custody. yet in determining that welfare
regard must be had to a parents devotion
and care, as well as to the advantages
that may reasonably be anticipated from
q better furnished home and greater
pecuniary means offered by another.
2 While it is true that ii the welfare
of the child requires it. even mother
must sometimes yield his custody to
stranger, this will not be compelled mere
ly upon proof that better material ad.
vantaees will thereby be probably secured
to the child.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
rSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

No. 10, 100.
The St. Paul Fire & Marine Insurance
Company, Appellant,
rs.
Ike S. Lewis. as Superintendent of In
surance, etc. Appellee.
Appeal from Shawnee County.
division No. ID
REVERSED.
Syllabus. BY the Court. Mason.
In the statute which authorizes a tax
for the maintenance of the department
of state fire marshal to be imposed
upon each fire insurance company doing
business in Kansas, not to exceed GER
tian percentage of 1.-The gross cash re-
ceipts as premiums of such company on
all business transacted by it in the state, -
the receipts referred to are those result
ing from insurance against losses by fire,
and do not include premiums on policies
insuring only against other risks al
though issued by companies which also
write fire insurance.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE.
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

TPublished in The Topeka State Journal
December Is, 1914
OFFICIAL. STATEMENT OF THE RI.
NANC1AL CONDITION
of the
TOPEKA STATE BANK
at Topeka. State OF Kansas. al the close
of business on the 18th day OF December.
1914.
Loans and bonds ................-... $S27, 161 40
Bank building. II, e66. 6
Cash and sight exchange. .......... %, OH. 10
LIABILITIES
Capital stock. s 50. 900 %
Surplus fund :::.-...---.--....... 10000
Undivided profits. Observation-Disclosures. 6,SOO.8O
Individual deposits. .$3ss. ss5. 81
Certificates of deposit. 7o..2s.e5
Cashiers checks. 1.s8l.a4
Bank deposits 65,5.s.5s- 49,, zs7 10
state of Kansas. County OF shawnee. IS.
/, Geo w Snyder. cashier of
said bank. do solemnly swear that the
above statement Is true: that said bank
any note or obligation. other than shown
on the above statement to the best of nv
knowledge and belief. So help me God.
Geo. W. Snyder:
Subscribed and sworn to before me. this
18th day of December, 1914.
ARTHUR F. MILLER.
Commission expires on the 9th day OF
February. 1861
81 G z Z G sSNVxnTH'
GEO w SNYDER.
To W. F. Benson. Bank Commissioner.
Topeka. Kan.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

MACHINE SHOPS.
lawn mower to overhaul
and grind factory process. $l.00. Tel
Howard 137 Free delivery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
D. A. VALENTINE,
Clerk of Supreme Court.

tSeaL1 Clerk of Supreme Court.
No 1865
The First National Bank of Hays City.
Appellant.
A. o. Robinson and H. w. Chttenden,
Appellee.
Appeal from Ellis County.
AFFIRMED
Syllabus. BY the Court West, !.
1. A party claiming title to chose in
action or other personal property which
be permitted to answer a question as to
who is its owner. and il his adversary de-
sires the constituent facts on which such
claim of ownership is based he may elicit
them on crOsS-examinatiOn.
2. The modern notion of the admissi-
bility of evidence is that it is more inn
portant to get the truth than to bubble
over impractical distinctions between
facts and conclusions.
3. A petition in the usual form by the
indorsee of a negotiable note bearing the
purported Endorsement of the payee by
J. D. M, ag't-' was answered by veri-
fled denial that such note was sold and
delivered by the payee company or any
one for it with authority so to do. Held
that the burden of proof upon the
plaintiff to establish authority in the
agent to make the Endorsement.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
DREssMAHNG.

DRESSMAKING, tailoring and alteration
at 81 Kansas ave. Phone 81 Red. above
Palace Meat Market.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

AUTOMOBILES.
BATTERIES repaired ana charged. keeie
Electric Co. s0G Jackson Phone
SNOW
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

All the Justices concurring.
y true copy.
Attest: d. A. VALENT1 NE,
ISeai.I Clerk Supreme Court.
No. 1000.
The NJ. r. Smith Lumber Company. APP
pellee.
VS..
r. r. Russell. ct al. &C. II. r. McElroy
and Sallie Fl. McEiroy. Appellants)
Appeal from Wyandotte County.
Division Number Three.
AFFIRMED.
Syllabus BY the Court. Smith, J.
/. Evidence that q person is in full pos
session of a tract of land and contracts
for material to erect. and does erect, SUBJ
stantal improvements thereon. and who,
"A short time after making such contract
and while making such improvements, re-
ceives from the record owner of such
tract deed conveying such tract to such
person in possession. is sufficient to sus-
tain finding that at the time of making
the contract such person had some own
ership in the tract.
.. The contract for materials to erect
the four buildings on the single tract was
entire contract.
;. Under the facts of this case, the per-
who contracted for the materials and
erected the buildings on the tract was the
proper person to be designated the
owner thereof in the statement filed for a
mechanics lien.
4. The question whether the acton was
timely CONNIE reed was not presented by
the answer in this case and cannot be
first raised in this court.
). Where a lien for building material
exists against entire tract of land, the
release of a part of the tract in cons der
alton of fair proportion Of the lien does
not effect release of the entire lien.
6. Upon the trial of case in a dis
trict court without jury, error canno
be predicated upon the refusal of the
court to answer questions of fact present
ed where the court states findings OF fac
and conclusions of law as the statute con
templates.
All the Justices concurring.
true copy
Attest d. A. VALENTINE
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

TYPEWRTTERS.
ALI. MAKES for sale or rent, Best me-
chauical department In the country,
CRANE & co.
Topeka, Kan. IS Years in Business
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

No. 1881.
In the Matter of the Application of
Wayne K Stahlnaker for Writ of
Habeas Corpus.
Original Proceeding.
PETITIONER REMANDED.
Syllabus By the Court Porter J.
1. The offense of an attempt to commit
rape differs from the offense OF an as
sault to commit rape, punishment for
which is provided by sections IS & II of
the crimes act. Punishment for the
former ofrense Is governed by section 2S3
of the crimes act which provides that an
attempt to commit an offense, where no
provision is made by law for the punish
ment OF such attempt. is punishable by
imprisonment for a term not exceeding
one-half of the longest time of imprison-
ment prescribed upon a conviction for the
o.Aense itself.
.. The petitioner was charged in the
district court of the crime of rape and
entered plea of guilty of the attempt to
commit rape. Held, that he was properly
sentenced under section 2s3 of the crimes
act.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
tSeaL] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

No. 1908.
Orthwein- Matchette Investment Com
pany, A Corporation. Appellant
VS..
T. Z. McFarlin. etc. Appellee
Appeal from Cloud County.
AFFIRMED
Syllabus nv the Co,T: Porter =.
/. Section 516S and $3.50. Gen. Stat 1903,
declaring parties to certain transactions
guilty of felony. was not intended to pre-
vent contracts or future delivery of com
modfties when entered into in good faith
End with an actual intention of fulfill
ment: its purpose was TO suppress Nero
speculation where the commodity dealt
in exists only in ina sinaticn- where 10
delivery is contemplated. but where. on
the contrary 1t is expected that the par
ties will settle upon the difference in the
speculative market
2 The tranctions declared upon in the
petition in this case as basis for the
several causes of action are held TO be
gambling contracts In direct violation OF
the statute.
g. broker or commission merchant
who knowingly participates in his prin-
cipafs unlawful intent in a speculative
transaction in direct violation OF the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

tt1rst published in The Topeka State
Journal, December IA, 1871
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

No. 1855.
The State of Kansas, Appellee,
Barney Shiffler. Appellant.
Appeal from Cherokee County.
AFFIRMED
Syllabus BY the Court. Burch.
When called upon to prosecute a per-
sistent violator of the prohlb.tory law un-
der the statute relating to that subject
claws 1911 CHI. 165.s sec-SD, She county at
torney is not obliged to rest his case upon
the evidence he may procure relating 10
some single violation occurring subse-
quent to a conviction. He may allege N
q single count. or in several counts as
many subsequent violations as he may be
informed of. and he may go to the jury,
without being required to elect, upon all
the proof he has. He must establish one
to warrant a verdict of guilty but any
one will be sufficient. and whether he
establish one or more than one he has
simply proved the defendant to be a per-
sistent violator guilty of a single offense,
or an entire offense, to which a single
penalty is affixed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[Scal] Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
D. A. VALENTINE,
Clerk Supreme Court.
No 14Na1.

NO. l3UJl.
j. r. Harold Appellee. ---s,-- -
The Atchison. Topeka and Santa Fe Rail-
way Company, Appellant.
Apreal from Sedgwick County.
Division No. =
AFFIRMED.
SYLLABUS BY the Court. Benson, j.
l. The rule which invests the innocent
holder of a bill of lading with rights not
availab BILE to the shipper. declared in SAY.
ings Bank V. A. T. & Santa Fe Rid. Co., ~
Kan. 519; Railway Co. v. Hutchings, 10
Kan 75s 80 Pac. 800: and Hutchings v
Railway Co. 81 Kan. 47s. ia Pac. 1913: is
followed in a case where the PLAINTIFF pur-
chased cc~n described in a bill of lading.
and paid the shippers draft attached to
the biz. in the usual course of business.
> The provisions of section 710 of the
General Statutes of 1909, allowing an at,
torney's fee upon the prosecution Of
claims for damages against a railway
company for shortage on shipments OF
grain seed or hay are not obnoxious to
tire federal regulations of interstate COM
fnerce.
All the Justices concurring.
y true copy.
Attest: d. A. VALENTINE,
ISeai.I Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
d. A. VALENTINE.
Clerk Supreme Court.
No. 1905.
Joseph G. Norman. Appellee,

No. 19OSS.
Joseph G. Norman, Appellee,
L. H. Toliver ct al. (the Home Savings
Bank. .ADpellant).
Appeal from Dickinson County
REVERSED.
Syllabus. BY the Court. Mason, J.
l. An appeal may be taken from a
judgment of Justice of the peace by the
giving of a notice. in the same manner
in which appeals are taken from decisions
of the district court
,. Where the plaintiff in replevin before
q justice OF the peace voluntarily dis
misses his action after having obtained
possession of the property, the justice has
authority to continue the case to try the
and to grant the application of a claimant
under whom the original defendant acted.
to be made a party.
Johnston, C. j.. Burch. Porter. Benson.
West ]. j., concurring.
Smith. J.. dissenting from End para
graph OF syllabus corresponding portion
of opinion.
A true copy.
Attest D. A. VALEN TINE.
(Se:l1 Clerk Supreme ':our:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
Viola Buchanan. Appellee,

LEGAL
~~~~~>S~-| SSSS~-~~~-~~~~
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15
BANK STATEMENTS.

BANh STAT EsN1EIN d
Published in The Topeka State journal.
December Is, 1914.
OFFICIAL STATEMENT OF THE ri.
NANC1AL CONDITION
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

-
FOR SALE-New and second hand caron,
and pocket billiard tables and bovlin1
alleys We lead the world IN cheap m.
lures: easy payments Send for catalogue.
Brunswick lke-Callender Co., lsl9-ai
Main street. kansas City. Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-15

MOVING.
FENIMORE- MckNAUGHT MOVING;
Co. Household goods. 500 per large
van load Expert furniture packers. Phone
4s4l-
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-05-25
MOHAWK TRAIL PAGEANT
Features That viii Be Of Interest to
Bennington People

Bennington people are beginning to
take an interest in the Mohawk Trail
pageant that is TO be given at Hoosac
Valley park in North Adams, June II
Is, ~ and 20. An episode that will
be Of special interest to Bennington
on account of its historic interest is
the troops OF Western Massachusetts
responding 10 the call to arms from
Bennington. In response to this call
troops from Pittsheld, Cheshire and
Charlemont, Adams, and North Ad-
ans passed through Williamstown,
where they were joined by men from
that village on their way to Benning-
ton. Men from all of these towns
will represent the troops in the pa
geant. Many of them are descend
ants of the men who actually march
ed to Bennington so many years ago.
The chaise in which Parson Allen Ga
Pittsfeld mani will ride is a very old
one and is said to be the one about
which Olived Wendell Holmes wrote
in his ballad OF the Wonderful One
Hoss Shay" The pageant will be ar
ranged and staged by Miss Margaret
NJ. Eager, who conducted the Ben
nington pageant
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-05-25
BENNINGTON BRIEFS


Ladies white canvas pumps special
sSc Al the New York stores sale
ADV.
T6om7s Bump Of PoWnal has ao-
cepted employment ON the Fillmore
farms.
Frank Morgan OF Woburn, Mass.
passed the week end with relatives
in to~n.
Miss Lena LaFranchise Of Scott
street. has gone 10 Toronto 10 pass
the summer.
Mrs. John T. Kelly OF Troy Is
visiting her parents. Mr. and Mrs. r.
IA. Davenport.
c. b. Simpson OF Main street is
spending a few days az his home in
Springfield. Mass.
Miss Louise Vail OF Old Benning-
ton has returned from an extended
visit in California.
Mrs. Rose Murray and Mrs. James
Curtis OF Hoosick Falls. former resi-
dents. visited in town sunday.
Everybody is going 10 the New
York stores economy sale, new up to
date goods at big saving. Adv.
Lawrence Sears has finished work
at the LaMarre store and accepted a
position in Swartz's meat market
Ladies and misses panama and
peanut straw hats al the Surprise
store Library building. Adv. s7tS
White buckskin and canvas shoes,
oxfords and pumps for ladies, and
children at the Surprise store Adv
s7ta
Miss Ann Clark, who is visiting in
and about New York, will open her
summer home at Old Bennington lat
er in the week.
Mr.. and Mrs Philip b. Jennings
are expected the latter part OF the
week 10 open their summe residence
al Old Bennington.
Miss Cordialla LaFranchise, who
has been visiting her parents, MIR
and Mrs. Frank LaFranchise, has re
turned to Ballston, Spa.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-05-25
NOTICE /!

] have just received new line OF
samples for Ladies' and Gents
suits. Call and you will find my
prices reasonable. Alterations,
cleaning and pressing a specially.
NATHAN LEVIN
1870 North ST. Tel. 29f-W