The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL


and are enjoined as to that property the
erty liable therefor and, when relieved,
must be levied on that property In each
block separately.
s. If special assessments for public I'm
provements in a city of the first class are
attacked, they must be attacked within
thirty days from the time when the amounts
duo are ascertained.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE.
(SeaL) Clerk Supreme Court.
No. 1.eoG.
1. o. Pickering. Appellant.
]. L. Howard, Appellee.
J. L. Howard, Appellee,
A. c. Tourbier. ct al and Il. o. Pickering,
Appellant.
Appeal from Wyandotte County.
AFFIRMED.
Syllabus. BY the Court. Mason. J..
l. 1t Is held that error has been
shown in crediting a receiver with expendi-
sion of real property.
=. 1t being held that receiver was
legally in possession Of property after its
ton of the period Of redemption, It Is
further held that the holder Of the equity
Of redemption has no right of action
ment of the receiver, for the rents and
profits during that period.
All the Justices concurring.
Attest: D. A. VALENTINE
(SeaL) Clerk Supreme Court
No. 21.os4.
Thomas L. Bond, as Executor, ETC., Appel
lee.
The Fidelity & Casualty Company of New
York, Appellant.
Appeal from Ssline County.
AFEIRAfl,D irFT
Syllabus. BY the Court ] Burch, j.
After an order to sell real estate for the
but before the sale. n, person claiming o
be interested in the estate gave bond to pay
the debts, under section 1908 of the General
approved, and the order was recalled Ac-
ton was brought against the surety on he
the bond Is not void because e'S GIVEN sfts.
the order issued, the subject of the in
terest or lack of interest of the person
rendering the bona has been adjudtcated
and cannot be relltigated, no public interest
was affected by giving the bond, II was
not void as against public policy. and the
surety Is sestoDped to assert iuvalidity ~
All the Justices concurring.
(Seal) Clerk Supreme Court
No. p COS
James Lonnon, Appellant.
VS..
Appeal from Barton County.
REVERSED AND REMANDBD.
Syllabus. By the Court. Portef !
promissory note was signed as fol
lows:
IF. N. Batchman,
w. L. Hiss,
G. w. Hart,
II. N. McGilI,
VIM. Gagleman,
Members Board of Directors Sun
flower Lead & Zinc Co."
In an action by the payee, the answer
denied that the parties executed the note
individually or were personally liable
thereon and alleged that 1t was the obi.
CATION of the Sunflower Lead & Zinc
Company. On the trial the court permit
ted them to introduce oral evidence to
show that their intention was to sign the
note for the corporation and not for Them
sci. es as individuals, and on this evidence
renGered Judgment against the payee.
Held. following Bank V. Jeltz, 101 KIM.
81, -Pac. -. that 1t was error to re.
ceive the testimony because under the
Negotiable Instruments Law (Gen. Stat
1915, Sec. 6J00) "a person placing his sig
nature upon an instrument otherwise than
as maker :" must .clearl, indf.
cate by appropriate words his Intention
|, to be bound in some other capacity" or
he will he bound as maker.
All the Justices concurring.
true copy. -
Attest: d. A. VALENTINE,
seal.) Clerk Supreme Court