davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
LEGAL.

ton with the approval of the state bank
commissioner, the absorbing association OF
company becomes liable under Sec. 223O OF
Gen. Stat. of 1915 for all obligations to
stockholders of the former association ex-
listing at the time of such consolidation:
and where it notifies the borrowing share
holders of the former company that they
may continue to make their payments to 1t
upon their loans and stock, no written ac-
ceptance is required the part Of a bor-
rowing shareholder, and the payment to
and acceptance by the absorbing company
of payments will constitute an acceptance
B. In this case 1t was held there was no
error in admitting in evidence the written
propositions relative to the transfer of the
assets OF the one company to the other In
Guiding the correspondence accompanying
the same and circular letters sent out to
the shareholders of the original company.
4. Certain language In the circular let
ters sent out to shareholders of the old
company is construed not to mean that the
absorbing company agreed to pay 6cs in
terest per annum upon all subsequent
monthly payments made by borrowing
shareholders of the old company.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 20,9S9.
j. W. Suderman, Appellee,

A F. Koch. Appellant, ct al.
Appeal from Reno County
AFFIRMED.
Syllabus. BY the Court. Marshall, j.
1. A real estate agent was employed to
procure an exchange of land for other
real property. The agent had listed with
him certain town property for exchange.
He offered the town property to his prin-
cipal in exchange for the land, and falsely
represented that the town property was
worth $500. That representation was be-
lieved and relied on by the principal, and
the exchange was made Held. that the
agent is liable to his principal for the
damage sustained by him.
2 Under the circumstances disclosed
in the first section of this syllabus, it was
not error to exclude evidence to show
that the land owned by the principal was
not worth what he asked for 1t.
3. There was sufficient evidence to sus
tain the verdict.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

PER CENT MONEY
To loan on farms and inside business prop
erty in any amount from 81 10000 to $1O0,-
OOoOO- per cent money to loan on resi-
denees. If you wish n new loan, or to
change or increase your loan. write or call
BETTER REALTY & LOAN co
New England Bldg. Established 1894
MONEY TO LOAN ON ALL KINDS OF
PERSONAL PROPERTY.
Horses. cattle, pianos, diamonds houRe-
hold goods. libraries. typewriter, autos
carriages. machinery. and to salaried peo.
PIE. s. Thomas. 519 Kansas avenue.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 20,SSO.
e Outcault Advertising Comp


No. 20,SS0
The Outcault Advertising Company, APP
pellant,
Edward o. Smalley, ct at, Appellees-
Appeal from Labette County
AFFIRMED.
Syllabus BY the Court Marshall, ].
l. Where fraudulent representations
are pleaded as a defense in an action on
a contract in writing. parol testimony is
admissible to show the fraudulent repre-
sentations
> The demurrer to. the plaintiffs evil
dence was properly overruled.
,. There no error committed IN re-
fusing the instructions requested.
+. The fraud of an agent in procuring
a contract while acting within the scope
of his employment, is good defense in
an action by the principal to enforce the
contract.
5. The answers to the special ques-
tions were not inconsistent with each
other, nor with the general verdict
g. The verdict and judgment were sup
ported by evidence.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. &c. 399
w. Stewart Brown, Appellant.

No. 2o399.
w. Stewart Brown, Appellant,
VS..
F. M Cruise and Dora Cruise, Appellee.
Appeal from Sedgwick County,
Second Division.
Judgment Affirmed.
Syllabus. BY the Court Marshall J.
/. Where a written promise to pay stip-
ulates that the amount shall be paid when
it is made out of patent, or out of the
manufacture and sale of the machine under
the patent, no recovery can be had. when II
is shown that after reasonable efforts and
without the fault of the promfsor. nothing
has been made in the manner stipulated.
2. There was evidence sufficient TO sup
port the counter claim of the defendants.
8. There was no apparent error in the
admission or rejection of evidence.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
LEGAL.

All the Justices concurring except Burch,
J., who did not sit.
A true copy.
Attest: ID. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No. 2C5s9.
Charles Alfred Page, Appellant,
Georgiana Sawyer, ct al, Appelees-
Appeal from Shawnee County,
Second Division
Judgment Affirmed.
Syllabus BY the Court Marshall. ].
l. In an action to set aside "A judgment
quieting title TO real property. on the
ground that the judgment was obtained by
fraud, the defendant may prove that he
acted in good faith. and to do this he may
introduce evidence to show the information
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
LEGAL.

ined, and HELD that the evidence was suf
ficient to require its submission to a jury
and to sustain the verdict of the jury,
All the Justices c0ncurring.
true copy
Attest: d. A VALENTINE,
Seal Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No p ,527
The State of Kansas. eX rel James H.
Luscombe as County Attorney. etc, APP
pellant,
The City of Kansas City. Kansas, ct al, APP
Oellees.
Appeal from Wyandotte County.
division No. II
Reversed and Remanded.
Syllabus BY the Court. Johnston, c. ].
Waterworks bonds issued under the au-
thOrity of chapter SO or the Laws of 1908
constitute bonded indebtedness of the city.
within the meaning of section of chapter
62 of the Laws IF 1909 which prohibits
cities of the first class having popula-
ton OF fifty thousand or more from issuing
bonds in excess of five per cent of the as
sessed valuation of the taxable property
of the city. and it is held herein that the
bonded Indebtedness of the defendant eX-
ceeds the limitation fixed by the statute
and that the proposed issue of additional
bonds is without authority.
All the Justices concurring.
"A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 20.S64
B. ]. Carver, Appellant,

No. 20.S64
B. J. Carver, Appellant,
W. u. Greason, Appellee.
Appeal from Miami County.
REVERSED
Syllabus. BY the Court. Burch, j.
L The petition In an action for damages
for libel examined. and held that certain
innuendoes were properly stricken out be-
cause they undertook to extend the meaning
of words beyond their natural Specification.
2 The matter complained of as libelous
charged the plaintiff with dereliction Of
duty and misconduct as a public official.
g. The allegations Of the petition
such that the privileged character of the
published matter may not be inferred.
T. The issues Of fact not having ben
made up. an application for change of venue
on the sole ground that the district Judge
will necessarily be a material witness for
the plaintiff was properly overruled as pre-
mature.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
(SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 20,999.
Zellah NJ. Harris, Appellee,

Appeal from Shawnee County.
Division Number Two.
Reversed and demanded with Instructions
Syllabus. BY the Court Dawson, j.
l. Where a client brings an action
against her attorney for an alleged bal
ance of funds in his hands collected by
him her account, and where the petit
ton charges that defendant attorney was
guilty of fraud and misrepresentation as
to the amount collected, and where the
court properly instructs the jury that If
the defendant was guilty of such fraud
and misrepresentation he was not en-
titled to any deduction for attorney s
fees, a verdict for plaintiff for a sum
which manifestly made allowance to
defendant for attorneys fees, amounts to
a finding of the jury that the attorney
not guilty of fraud misrepresen-
tation.
2 Where an attorney and client meet
for the purpose of an accounting anu
settlement and the attorney spec11les the
fee and the client makes no objection at
;he time nor for eighteen months there
after, there is in effect account stated
and a settlement made between the par
ties concerning such attorneys fee
3. On appeal however persuasive and
convincing the evidence may be, where
there still remain certain tontroverted
facts in ISSUE the supreme court cannot
perform the functions of a jury and can
not order final judgment.
t. The rule of the civil code, section
301, which directs that where justice re
QuIres that new trial be granted, but
the issues as 70 which the verdict or de-
cision appears to be wrong, when sucu
issues are separable," applied.
Johnston, - j., Burch, J. and West, j.,
Mason Porter and Marshall J. j., con
cur in the reversal of the judgment but
think that in the new trial ordered the
issues should not be limited.
Attest: D. A. VALENTINE.
(SeaE) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No. 21.474
The State of Kansas, Appellee,
Robert Hicks. Appellant
Appeal from Montgomery County.
REVERSED AND REMANDED.
Syllabus. By the Court Porter. J.
Evidence examined and held insufficient
to sustain conviction under Sec 295 of the
Grimes Act (Sec 1922. Gen Stat 1870
charging defendant with keeping and
maintaining a gambling resort
All the Justices eoncurring.
A true copy.
Attest: d. A VALENTINE.
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 2O,SS1.
F. S. Macy, Appellant,

Lola Cooper, ct al, Appellees.
Appeal from Seward County.
REVERSED.
Syllabus BY the Court. Dawson, J.
1. A decree confirming sheriff. sale
under an order of court, in a partition
suit determines the validity of all the
proceedings leading up to the sale and
involved in it.
2 A journal entry of Judgment reciting
all the proceedings in Il partition suit and
containing an order for the sheriff to
sell the property, which journal entry is
written on a stationer's blank form of
document having a caption, ORDER OF
SALE WHEN PARTITION CANNOT BE
MADE" signed by the judge and signed
and attested by the clerk, will answer the
purpose of order when the document
is delivered to the sheriff and pursuant
thereto the sheriff has sold the property
and made his return thereon and when the
proceedings are judicially approved and
the sale confirmed.
All the Justices concurring-
A true copy. -
\ Attest: n. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
MONEY

FARM LOANS WANTED.
This company has an unlimited
amount of funds to lend on East
ern and Central Kansas Farms at
DO with reasonable commission.
Our representative Is at your serv-
Ice IL you want information.
THE FARM MORTGAGE co.
Crawford Building. Topeka, Kan.
Phone $3.50
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
LEGAL.

dence to rebut the defense of an alibi.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
LEGAL.
SUPREME COURT SYLLABI

Continued from preceding page)
No. 2C.5S1.
H l.. Bagby and +. J. Horton, Appellants,
vs.
c. A. Straub J. L. bartholomew, S. A. VIII
son, II. 7. Lynch, and L. b. Young, APP
pellees.
Appeal from Allen County.
Reversed in Part.
Syllabus. BY the Court West. J.
1. The plaintiffs having introduced evil
dence from which might have been found
the market price Of fuel oil during the
remainder of the period during which the
defendants contracted to furnish the same
to the plaintiffs, and the damages for such
failure, held that it was error to refuse
the request for such additional findings
and a conclusion of law as to the plain
tiffs' additional recovery. if any.
.. This refusal being the only material
error ;he cause is ordered remanded for the
sole purpose of making such additional
findings of fact and conclusion Of law,
from the evidence already adduced. and
rendering such judgment as they may re-
Quirp.
All the Justices cOncurring.
A true copy. -
Attest. d A VALENTINE,
(Seai.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No p 31S
Oliver E. Hicks. By Minerva Hicks, his
Next Friend, Appellee,
Swift & Company, Appellant.
Appeal from Wyandotte County.
division No. g.
REVERSED
Syllabus. BY the Court. Mason T.
l. The question whether the workmen's
compensation act applies to injuries re-
ceived outside of the state suggested but
not decided.
>. The workmen's compen sation act be-
ing by its terms limited to injuries occur
ring ION, in or about" a factory or other
designated establishment, does not author
lie recovery against the owner of a pack
ing house on account of injuries received
by a truck driver while engaged in deliver
ing meat to customers.
All the Justices concurring.
true copy
Attest: d. A. VALENTINE.
(Seall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No, 2O,149
James Z. Ely, Appellee,
c. Jones, Appellant
Appeal from Comanche County.
AFFIRMED.
Syllabus. By the Court. Porter, j.
!. In the circumstances stated in the
opinion, it is held, it was not error to
grant a new trial upon the strength of
tain testimony given by him at the
trial.
2. An agreement to rescind an execu-
tory contract for the sale of lands is not
within the statute of frauds and may be
proved as any other simple contract
8. When the contract rests only in
parol, partial or full performance is neces-
sary to its validity.
4. The consideration for such an agree
ment may consist In the mutual promises
of the parties by which they agree to
surrender their mutual rights under the
original contract
5. In this case while the answer plead
ed a consideration for the agreement
which would not In law be sufficient, a
promise to do that which the defendant
was already bound TO do. II is held that
cause the agreement could have other
effect result than the surrender of
mutual rights acquired under the original
contract.
G. Certain expression in the opinion of
Carr v. Williams, II Kan. 575, are dis
Johnston, c. J.. Burch. J., Mason, J.,
concnrring; Porter, j., dissenting.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 20,944.
Oscar Anderson. Appellant,

VS..
J. e. RloOmheart, William Bloomheart
Richard Bloomheart, lobe Bloomheart
Gus RIoomheart. Appellees.
Appeal from Lincoln County.
AFFIRMED
Syllabus BY the Court Mason. J
Where the owner of two adjoining city
lots. one vacant and the other occupied
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No. 2o,473.
The State Of Kansas. eX rel, Matte Bolts
Appellee
Ward c. Stout, Appellant.
Appeal from Seward County.
Reversed and demanded.
Syllabus. By the Court Porter ].
l. In a bastardy proceeding the defend
ant AM, minor made made no application to have
plaintiffs application after the jury was
empanelled and sworn, the court appointed
the provisions of the Civil Code (Sec. 32).
Held, not error.
court to admit in rebuttal facts which
should have been offered in chief and even
to reopen the case at any time before final
submission and permit either side to offer
evidence. Whether in bastardy proceed
ing it is material error for the court to per-
nit the prosecution to introduce in rebuff
tai evidence which should have been intro
dUced in chief, depends upon whether the
defendants rights have been prejudiced.
In this case it is held, upon the facts stated
in the opinion, that 1t was reversible error
to permit the prosecution to prove material
rebuttal and to deny defendant the right
to introduce testimony to rebuff such ma
terial and relevant matter.
g. The defendant in a bastardy proceed
ing was asked on cross examination in sub
conduct with young girl. not the relatrix.
at time subsequent to the offense upon
which the motion was based He denied
purely collateral and that the state was
bound by his answer. and that it re-
versible error to permit the State to contra
diet his denial by evidence Of another ana
distinct offense-
4 The defendant having offered some
evidence to show that he was away from
the neighborhood at and near the date fixed
by the relatrix- an instruction upon that
issue would have been proper.
). An instruction upon the law with
relation TO the period OF CESSATION would
not have been improper in this case.
g. There was no abuse Of discretion or
error in permitting the state to offer evf-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17

No. 20,165
Clyde Wyatt, Appellant,
Mamie ]. TanQuary, Appellee.
Appeal from Montgomery County
REVERSED
Syllabus. By the Court West J.
The evidence on behalf of the plaintiff
touching his alleged contributOry negl-
gence presented a question of fact which
he entitled to have submitted to the
jury. and it was error to sustain a de-
murrer to such evidence.
All the Justices concurring, except Mar
shall, J., who did not sit.
true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
INSURANCE.

L.. w. wILS0S-Fire. tornado. niass Ga,
insurance Phone $50. 90 Columbian f,idT
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
D. A. VALENTINE.
Clerk Supreme Court.

No. u 2S3
In re The Disbarment of Leslie L. An
derson.
Original Proceeding in Disbarment
Order Refused.
Syllabus. Ey the Court. Burch, J.
Section 4S6 of the General Statutes of
1915 directing this court to enter an order
disbarring an attorney convicted of felony
or Of misdemeanor involving moral turpi-
tude, receiving from the clerk of the
court in which the conviction occurred
certified copy of the record of conviction:
applies only to conviction in court of
record having clerk. and not to conviction
before justice of the peace.
Johnston. c. J., Mason, J., Porter, j.,
Marshall. J., and Dawson, J., concurring.
West, J., concurring specially.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 3SG.

No. 81 1856.
Mary Madey, ct al, Appellees,
vs.
Swift & Company, Appellant
Appeal from Wyandotte County,
First Division.
AFFIRMED.
Syllabus. BY the Court. Marshall, J..
1. The evidence showed, among other
things, that workman fell and was hurt
while working at long inclined table,
and while standing on wet, inclined plat
form. Held, that, against a demurrer
thereto, the evidence was sufficient to show
that the fall was accidental that it was
caused by the condition of the table and
platform; and that the accident arose out
of the employment.
.. Instructions are to be considered and
construed as a whole, and If not erron-
eous when so considered and construed.
they will not be held bad because one of
them, taken out of its connection, appears
to be erroneous.
3. 1t is not error to refuse instructions
which are fairly covered by those given.
(Baugh v Fist, 81 Kan. no. 115 Pac. 551.)
All the Justices concurring-
true copy.
Attest: D, A VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 21,5GS

No. 21,563
Sid DePriest, ct al, as Trustees, etc, OF
the African Methodist Episcopal Church,
Plaintiffs,
R. N. Camp, ct al, as Mayor and Coun-
cilmen of the City of Salina, Defend
ants.
Original Proceeding in Mandamus.
Writ Denied.
syllabus. BY the Court. Porter, J.
1. The settled rule that the writ Of
mandamus will not issue where it would
be fruitless and unavailing, followed.
, The court can not sit in judgment
upon the motives actuating municipal au-
thorities in appropriating private prop
erty for public use.
3. Where the mayor and council of a
city of the second class have underta ken
proceedings to condemn property for the
purpose of widening Il street and have
passed an ordinance for that purpose,
which is afterwards repealed and new
ordinances to accomplish the same pur-
pose at once reenacted to comply with
statutory amendments made after the
first ordinance passed, the condem-
nation proceedings will be regarded for
practical purposes as an entirety.
t. The title of an ordinance to con-
denim property for public use considered,
and held, sufficient.
A true copy.
Attest: d. A. VALENTINE.
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
PICTURE FRAMING

FRAMING; regIldlne. mai m~IInc 49, -s.--,-
~ lone By y. ID. Sullivan. I22-i94 ~ 81
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-17
No. 1880.
Frank Dobish, Appellee,

TdHh DoDlSn, Appellee,
VS..
The Cudahy Packing Company, Appellant
Appeal from Wyandotte County.
division No. -
AFFIRMED.
Syllabus BY the Court. Porter, J.
In an action under the Workmen's Com
pensation Act, the defense relied upon was
that plaintiffs injuries were the result of
his own negligence in failing to procure
was no substantial basis in the evidence
for this claim and further that the instruc-
tons upon this issue we're not prejudicial
to the defendant.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
No. 2O.SS6,
Attorney for the Public Utilities Commits.
sion, etc, and The Public Utilities Com
mission, Plaintiffs,
Jacob NJ. Dickinson. as Receiver of The
Chicago, Rock Island & Pacific Railway
Company, and The Chicago, Rock Island
& Pacific Railway Company. Defendants
Original Proceeding in Mandamus,
Writ Denied
81 th the Laws eSnrt Of 1913 BuPsh
it the duty of the public utilities commits
sion to require interstate railroad com
panies to provide proper facilities and to
stop all passenger trains a reasonable time
at or near the state line, was not the pro-
duct of an exercise of the police power
in matter already regulated by proper
federal authority, casts an unwarranted
burden on interstate railroad commerce. de-
prives interstate railroad companies OF
their property in lawfully established inter
state passenger fares, and is uneonstitu-
Johnston, C. J., Mason, J.. Porter, J.
West, J. and Dawson. J., concurring.
Marshall. J.. concurring specially.
Attest: n. A. VALENTINE
(Seal) Clerk Supreme Court.