davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17

No. 20,624.
The Atchison, Topeka a--d Santa Fe Rail-
way Company, Appellant,
f. H. stannard & Company, Appellee.
Appeal from Franklin County.
REVERSED.
Syllabus. BY the Court. Dawson. J.
1. A shipper who induces railway COM
pany to transport a shipment of freight
in interstate commerce is liable for the
lawful freight charges thereon.
2. Since the adoption of the interstate
commerce act and its later amendments,
for the charges on an interstate freight
shipment that the shipper had long been
a patron of the railway company and had
a special understanding and custom in his
dealings with the company whereby the
carrier to be the agent of the con-
signee as to all shipments delivered by
defendant. and that he guaranteed the
freight charges only upon condition that
he should be promptly notified by the car
rfer il any consignee refused to accept a
shipment and refused to pay the freight
charges thereon.
3. All special arrangements. agreements,
dividual shippers and interstate railroads,
not open to all similar shippers on equal
terms, nor on file with the Interstate Com
merce Commission nor sanctioned by that
tribunal, void, and a defense to an
action for interstate freight charges based
thereon is subject to demurrer or motion
for judgment.
Ali the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,64S.
Jose Duran, Appellee,

The Atchison, Topeka and Santa Fe Rail-
way Company, Appellant
Appeal from Wyandotte County.
Third Division.
AFFIRMED.
Syllabus. BY the Court. West, J.
A Iaborer was cutting boards in two
with an ak when he was directed by his
foreman to break them by fastening one
end of each in a tripod and stamping on
the other end. Heretofore he had cut
them with an ak provided by. his en-
ployer. In breaking as thus directed he
was in a few minutes injured by a splin-
ter from one of the boards flying and
striking him in the eye. The foreman
testified that he did not want the plain
tiff to break them that way because he
was liable to hurt himself. The jury in
addition to a general verdict for the plain
tiff found among other things that the
method thus directed and used was more
dangerous than the one the workman had
been following, that he did not know the
method directed was dangerous and that
it's danger was not apparent and obvious
to a man of his intelligence. Held. that
as he did not realize and appreciate the
danger of obeying the order he is not
barred of recovery on account of assump-
ton of risk.
Johnston, c. J.. Mason. J.. and Marshall,
J., concurring. Burch. J.. Porter, J., and
Dawson, J.. dissenting.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
LEGAL,

the reason that this would violate the
rule forbfdding the contradiction of the
evidence.
B. The maker of note can not defend
an action thereon by showing that it was
executed without benefit to him. under an
agreement exempting him from liability,
IN order to enable the bank to which it
was payable to make an additional loan to
a customer who had already borrowed to
the limit allowed by law. for the reason
that having voluntarily signed the note in
order that the examiner might believe it
to be an asset of the bank. he ought not
to be permitted to deny it that effect
4 The maker of note given for the
accommodation of one whose indebted
ness is evidenced by a separate note to
the same payee, is not released by the
granting of an extension of time without
his knowledge, or by the surrender of Sc
curity to the person accommodated
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17

No. 20,62S.
The Niotaze State Bank, Appellee,
w. o. Cooper and Lou Cooper. Appellants,
Appeal from Chautauqua County.
AFFIRMED.
Syllabus BY the Court Burcil. I.
1. Rule applied that one of the makers
of a negotiable instrument, being party
primarily liable, is not released from IL
ability by extension of the time of pay
ment without his assent although his re-
lation to co-maker be that of surety.
2. Rule applied that renewal notes do
not pay the note renewed, without an ex-
press agreement to that effect
3. The evidence considered and held to
show renewals only, and not payment.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
D. A. VALENTINE.
Clerk Supreme Court.
No. 81 OG7
Hattie Newton Caldwell and Lora Newton
Barrett, Appellants,


Hattie Newton Caldwell and Lora Newton
Barrett, Appellants,
Julia Newton, ct al, Appellees
Appeal from Mitchell County
AFFIRMED.
Syllabus BY the Court. Johnston C. T
l. The courts Of the state where land
lies have exclusive jurisdiction of actions
legal or equitable, which directly relate to
and affect the title to such land
> 4 court Of equity of one state that
has acquired personal Jurisdiction of
defendant may compel Performance of
contracts to convey land in another state
or enforce trusts as to the same. or grant
relief for fraudulently deprfving one of the
title or evidence Of title to lsnd in another
state or to grant other relief arising out of
contract fraud or trust: but an action may
NOT be maintained in this state which in
wolves merely the title and possession of
land in another state
2 In an action for the partition of land
in Kansas an amended petition was filed
making a stranger to the Kansas land a
marty upon whom personal service was
obtained As against him it was alleged
that ulaintiff was owner of land in an
other state and that the new defendant
claimed the title and exclusive right of
possession of the land and wrongfully ex-
Guided the plaintiff from any possession or
right in it. A motion was made by an
other defendant claiming an interest in
the Kansas land to strike from the petition
the averments as to the new defendant
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 21,0S4.
The State of Kansas, Appellee,

No. 21,0S4.
The State of Kansas, Appellee,
Joseph johnson, Appellant.
Appeal from Sedgwick County.
division No. p
AFFIRMED.
Syllabus BY the Court. Burch, j.
1. The affidavits of jurors in criminal
case are not receivable in evidence to show
that they intended to bring in verdict
finding the defendant guilty of an of
Tense less serious than that specified in the
verdict which returned
2. A verdict of guilty returned under
section IS of the crimes act, which refers
in proper manner to that section and to
the information, and is otherwise suffi-
cient, is not invalid because the words ION
purpose and of malice aforethought were
not inserted, or because no degree of crime
was stated.
All the Justices coneurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,644.
H. A. Lovett, Appellee,
National Fire Insurance Company, Appel


Appeal from Greenwood County.
AFFIRMED.
Syllabus. BY the Court Porter ].
In an action on n fire insurance policy
covering a barn situated on a farm the
defense was, other insurance taken with
out notice to defendant contrary to the
terms of the policy. The evidence showed
and by general verdict the jury found
that through the mutual mistake of plain
tiff and the local agent of the other COM
pany policy was issued covering the
barn in question, when it was intended by
both parties to renew an expiring policy
in the other company on a barn of the
plaintiff situated in the city where he
resided. Held. that the fact that in the
application for renewal the plaintiff wrote
the description of the property situated on
the farm and after the loss occurred noti-
fled the other company and, sent a veri-
fled proof of loss before he discovered the
mistake would not estop him to show the
intention of himself and the company. and
she fact that he made proof under the
policy would not amount to an election
to treat the policy valid or bar his
right to recover from defendant. these
facts and circumstances being submitted
to the jury to consider with all the evil
dence in determining the actual intention
of the parties when the policy was issued.
All the justices concurring.
A true copy.
Attest: n. A. VALENTINE,
(Sea1.) Clerk supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
D. A. VALENTINE,
Clerk Supreme Court.
No. 2O.655
First National Bank of Harrington, APP
pellant,

No. 20,655
First National Bank of Harrington, APP
pellant,
vs.
Lyons Exchange Bank. Appellee.
Appeal from Rice County
AFFIRMED.
Syllabus. BY the Court. Porter J.
1. The debtor of one bank fraudulently
procured another bank to issue to him q
draft payable individually to the presi-
dent of the bank to which he was indebt-
ed. The president. took the draft from
the debtor and delivered to him the evil
dence of his indebtedness and securities at
the same time indorsing the draft individ-
ually and delivering it to the bank He
had paid nothing for the draft and received
no consideration for indorsing it, Held
the bank was not under these circumstances
a holder in due course
. When the creditor bank learned that
the draft had been protested. it negotiated
with the debtor and secured from him a
restoration of the securities and evidences
of debt which it had surrendered. Held.
that in any event having lost nothing
by the transaction, it could not claim the
protection afforded holder in due course
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 2O,S65.
Thomas E. Dennis, Appellee,

No. gU,SbO.
Thomas e. Dennis, Appellee,
w H Cafferty and Charles Meierhoffer,
Partners doing business The Kansas
City Sand Company, Appellants.
Appeal from Wyandotte County.
Third Division.
AFFIRMED.
Syllabus. By the Court West, J.
l. An erroneous finding as to probable
weekly earnings. under the facts worked
no prejudice.
2 The minimum of three dollars week
for partial disability is sum fixed by
the legislature with the general view and
purpose of compensation and is not to be
withheld merely because in a given case
before the expiration of the period of par
tial incapacity the workman has found
other employment and is earning more
wages than before the injury
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
D. A. VALENTINE,
Clerk Supreme Court.

No 20,66S.
The Ludowici-C eladon Company, Appel
liant,
The Coffeyville Gas and Fuel Company,
Appellee.
Appeal from Montgomery County,
REVERSED.
Syllabus. BY the Court Burch, j.
The petition examined and held to state
cause of action for damages for fraud
ulent representations
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
(SeaL) Clerk Supreme Court.
No. 1900
Anton B. Chapek ana Frank J. Hakel APP
pellants,
David Jurgensen, r. J. Terwillger, ct al,
Appellees.
Appeal from Stevens County.
REVERSED.
Syllabus. BY the Court Porter, J.
The holder of a mortgage on real proper
ty, having neither title nor right of pos
session, and who is not party to an action
brought against the mortgagor to recover
possession of the land. is not bound by a
judgment rendered therein against the
mortgagor. Goan Co. V. Marks, 50 Kan.
go, 90 Pac. 449)
I All the Justices concurrfng.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,273
John Richie & Sons, a partnership,
Appellants.

No. 20273.
John Richie & Sons, a CO. partnership,
Appellants.
The City of Wichita, a municipal corpora
ton, Appellee.
Appeal from Sedgwick County.
division No. 2
REVERSED.
Syllabus. By the Court. Dawson, j.
l. When a city upon an insufficient
petition of abutting property owners lets
contract to pave a street, and the city
Is later enjoined in a taxpayers suit under
section go of the civil code from leyying
special taxes and assessments to pay for
the improvement. and the person who con-
tracted to lay the paving had notice of the
peDdency of the taxpayers suit before he
commenced work. although he was not a
party to the suit and no temporary in
junction was issued. the contractor cannot
for loss of profits, nor for damages.
9. When the proper city officials make
a finding that petition to pave a street
has been signed by a sufficient number of
abutting property owners and adopts a
resolution to pave the street and lets a
contract pursuant thereto, it is estopped to
deny the sufficfency of the petition under
which it let the contract. in an action for
CONDENSATION for the work actually done
under IT, following Sleever VS. Bullen, G
Kan 300. 307.
3 Where contract between a city and
paving contractor Is illegal only be-
cause of irregularities in the proceedings
leading up to the letting of the paving
contract and the contract is not tinctured
with moral turpitude, and there was no
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,317.
Carrie W. Girardy, Appellant,

No. 20317
Carrie W. Girardy, Appellant
VS..
Victor F. Girardy ct al, Appellees.
Appeal from kiowa County.
AFFIRMED.
Syllabus. By the Court. Burch, J.
l. In an action on a promfssory note,
the defendant claimed q credit of 1000.
The court instructed the jury that if they
found stated facts, the credit should be
allowed. In answer to special questions,
the jury found the facts necessitating the
the answers statement which presumably
they believed justified them in disallowing
the credit, and they returned a verdict for
the full amount of the note The state
ment concerned a matter not submitted to
the jury, and if given effect would contra
vene the instruction. Held the district
court had authority to allow the credit
the plaintiff the option of new trial.
? The defendants agent to receive Ger
tain funds. while acting as such agent
gave the plaintiff, who was his wife, $1,000
of the funds. in payment of a personal
debt which the agent owed the plaintiff.
facts, claimed the agent paid himself for
services rendered the defendant in con-
nection with the fund, and then paid her.
The agent had agreement with the de-
PENDANT respecting compensation the
amount of it, when it should be paid. or
how it should be paid. When apprised of
what had been done, the defendant de
1nanded that the plaintiff give him credit
for $4,000. Held the defendant was en-
titled to the credit
| All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
(Sea1) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17

No. 20.6O9.
In re Leck Cowan, Petitioner, Appellant,
No. 20.610.
In re Banty Mccullough. Petitioner, APP
pellant. Appeals from Cherokee County.
BOTH AFFIRMED.
Syllabus. BY the Court. Burch, J.
In habeas corpus proceeding, the pc
titioner discovered that a matter required
to be of record in another proceeding. but
which was not of record, was essential
to his case. He moved in the case on trial
that the record in the other cause be
supplied nunc pro tune. Held, it was
within the discretion of the court to refuse
to hear evidence in support of the motion.
All the justices concurring.
4 true copy.
Attest: u. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,639.
Rosa klover, Appellant,

No. 20639
Rosa klover, Appellant,
c. L. Rugh, Appellee
Appeal from Dickinson County.
AFFIRMED.
Syllabus BY the Court Burch, J.
The petition in an action for damages
for SANDER uttered by an attorney in the
trial of a cause considered, and held that
a demurrer properly sustained. be-
cause the petition disclosed that the de-
famatory statement was privileged, and
because the defamatory statement was not
alleged to be false.
All the Justices concurring
A true copy.
Attest: d. A. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20.6IS.
The Bank of Denton, Appellee,


The Bank of Denton, Appellee,
John Jesch, Appellant.
Appeal from Atchison County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
1. The common law rule that tenant is
not. entitled to a crop. sown but not ma
turing before the expiration of his lease
has not in this state been modified by
any custom of which judicial notice will
be taken.
.. Where lease is drawn for two years
or more. a provision that the rent paid is
to consist of stated shares of the crops
raised, among which wheat is named. can
not be regarded as implying a right on
the part of the tenant to harvest a crop
sown in the fall preceding the first of
March on which his lease expires.
3. A decision that the owner of land is
precluded from disputing the right of a
tenant to a share of a crop sown but not
mature at the time of expiration of the
lease, is supported by evidence that prior
to harvesting the crop the landlord recog
nized such right and exacted a promise
from one claiming under the tenant that
he would pay the expenses of the har-
vest.
All the Justices concurring.
Attest: d. A. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 21,019
The City of Kansas City, Kansas, APP
pellant

peIlant
Harry Jordan. Appellee.
Appeal from Wyandotte County,
Division No. 2.
AFFIRMED.
Syllabus By the Court Marshall J
/. Under the laws of this state, cities
of the first class have power to pass Ordi-
nances regulating the transportation of in
toxicating liquors for legal purposes and
prohibiting such transportation for lille
gal purposes.
?. The ordinance attacked contains but
one subject and that subject is clearly
expressed in the title.
3. city ordinance regulating the
transportation of Intoxicating liquors for
portation for illegal purposes. is consistent
with the law of this state regulating the
transportation and delivery of intoxicat-
ing liquors.
/. Such an ordinance as is mentioned
in section of this syllabus is not an I'M
lawful regulation of interstate commerce
5. Such an ordinance as is mentioned
in section / of this syllabus is law of
this state within the meaning of the
United States constitution, and of the
ebb-Kenyon act part 1, 81 U. S. Stat.
6. In charging an offense under a city
ordinance. it Is not necessary to plead any
of the exceptions named in the ordinance.
where such exceptions are not contained in
the clause which creates the offense.
Z. An ordinance which attempts to reg
ulate the transportation of Intoxicating
and to prohibit such transportation for
Illegal purposes. but which does not per-
init the transportation of such liquors for
al of the purposes recognized as legal by
judgment, quashing a complaint drawn
under such an ordinance, will be sus-
tanned.
All the Justices eoncurring.
A true copy.
Attest: D. A. VALENTINE.
(Seall Clerk SHpreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 1850.
The City of Topeka, Appellee,

No. 1850
The City of Topeka, Appellee,
G. w. Brooks and NJ. W. Gilmore Partners
as Brooks & Gilmore, and tThe Title
Guaranty and Surety Company, Appel
liant.
No. 20632
The City of Topeka, Appellee,
vs.
G. W. Brooks and The Title Guaranty and
Surety Company, Appellants.
Appeals from Shawnee County.
Division No. l.
AFFIRMED.
Syllabus. By the Court. Porter J.
1. A city obtained a Judgment against
one member of partnership for damag
sustained by the fraudulent acts of the
partnership and failure to complete a con-
tract for the construction of a sewer 1t
released the Judgment in a written instru-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,667.
Elizabeth X. Hauck, Appellee,

The Valley Falls Mercantile Company ct
al, (The Davis Mercantile Company, a
corporation, Unterpleader), Appellants.
Appeal from Jefferson County.
REVERSED AND REMANDED.
Syllabus By the Court Johnston, C. J.
Where special findings of the jury are
in conflict with the general verdict, incon-
sistent with each other and part of them
are contrary to the evidence in the case
the verdict should be set aside and a new
trial ordered
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 20,640.
A. K. Longren, Appellee,

No. 20,640.
A K. Longren, Appellee,
The Missouri Pacific Railway Company,
Appellant, ct al.
Appeal from Shawnee County.
division No. II
AFFIRMED.
Syllabus. By the Court. Mason, J
By the statute authorizing the district
court on an appeal from a Justice of the
peace to ALLOW amended pleadings to be
made of new pleadings to be filed" power
is conferred to require a defendant to file
an answer
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
LEGAL.

at that, wonder if you could sell Mrs.
Hines the lots south of her. l be-
lieve l have about 25-foot LOTS
would take $4,000 net to me-"
T. Under the averments of the petition
of plaintiff, it is held that the contract
attempted to be made to third person by
one to whom the letter was addressed is
not one which may be specifically en-
forced.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
LEGAL.

had been paid to insure both the store
building and the merchandise, there being
no dispute about the insurance company s
liability for the insurance on the building
B. Technical objections not affecting
substantial rights examined and over
ruled under section 5S1 of the civil code.
All the Justices concurring.
true copy.
Attest: d. A VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 21.O55

No. 21 ,055.
The State of Kansas, ex REL s. NJ. Brew
ster, as Attorney General, Etc, Plaintiff.
VS..
The Midwest Construction Company,
Defendant.
Original Proceedings in Quo warranto.
Application for appointment of a Receiver
and for a Temporary injunction denied.
Syllabus By the Court. Marshall, J.
1. The evidence does not establish that
the defendant is paying less than the cur
rent rate of wages to its employees.
2. The facts established by the evidence
disclose that the occasions on which the
defendant required its employees to work
more than eight hours per day were with
in the exceptions named in section 1, chap
ter 300 of the laws of 1913
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
LEGAL.

and the land in another state, and the new
defendant demurred to the petition upon
the grounds of misioinder and that cause
of action was not stated against him. Inc
motion and the demurrer were sustained
and upon appeal it is held that they were
rightly sustained.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
n. A. VALENTINE,
Clerk Supreme Court.
No. 20,63s.
]. F. Corley. Appellee,

NJ. F. EhIers. Appellant.
Appeal from Edwards County.
REVERSED IN PART AND AFFIRMED
IN PART.
Syllabus. BY the Court Johnston, c. j.
l. A proposal to sell land. which may
be converted into a contract of sale by an
.acceptance, must be definite and com
pIete as to evidence the intention of the
payties to the transaction.
> Ordinarily an offer to sell land. made
to particular person. can be accepted
only by the one to whom it was made.
g. The following letter written by an
owner to another is not such an offer as
may be converted into a binding contract
to sell and convey land, through the ac-
ceptanee of one not mentioned in the
letter:
II have priced those lots at $50 and
unless / am a big fool they are cheap