davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
D. A. VALENTINE,
Clerk Supreme Court.

No. 21.2OO
Emerson Brantingham Company, Appellee.
VS..
Jerry Lyons and W. ID. Gwin, Co-partners.
etc, Appellants.
Appeal from Douglas County.
AFFIRMED.
Syllabus. By the Court. Johnston, G. j.
1. written contract between manu-
facturer of tractors and the distributors
that either party might terminate the cons
tract relation at any time by giving the
other thirty days notice in writing of his
intention to do SO. which Is definite and
complete. cannot be contradicteG. altered
or added to by parol evidence of concur
rent or prior negotiations or understand.
1ngs.
2. The notice given by one of the parties
to the contract in question is held to be
sufficient and effective to end the contract
relation and such party did not become
liable to the other for damages through
the exercise Of the option provided for in
the contract.
5. party may bind himself in writing
to pay the debt of another and may make
binding promise to a debtor to pay his
debt to third person, but a written order
by an employee to his employer to pay his
creditor sum of money out of the salary
account of the employe does not create
liability against the employer and in favor
of the creditor unless the employer agrees
to honor the order or to make the pay
ments.
All the justices concnrring.
true copy.
Attest: D. A. VALENTINE
tSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No -I.44S.
Royal D. Calkins. Appellee.

No -l44S-
Royal d. Calkins. Appellee.
The Salina Northern Railroad Company
Appellant
Appeal from Saline County
AFFIRMED.
Syllabus BY the Court. Johnston. c. 7
I. In a condemnation proceeding a spe-
cial finding of jury that there was no
e~iden"s Of the den-n"intiou of each part
Of farm lying on either side of .he right
of-way does not conflict with another find
irg of the damage to the land as whole.
nor indicate that the finding as to damages
awarded for the land not taken for right
ofway was rat supported by the evidence.
-. nr"roH-'tEg 70 condemn private prop
crtS for public use does not involve a tort
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
D. A VALENTINE.
Clerk Supreme Court.
No. 81 .439.
lydia Jeffreies. Appellee.


Tb-Farmers Union Cooperative Mercantile
and Elevator Company, Appellant
Appeal from Rush County.
AFFIRMED
Syllabus. blythe Court Burch ]
l. The decision in the case Of Mott V.
Long 90 Kan. no. 132 Pac 99S. holding that
when no personal representative has been
appointed a widow may maintain action
under the factory act for the death Of her
husband. approved and followed
? A grain elevator, wherein grain com
ing from the farm in a raw state OF con-
dition is converted into an improved form
ing. and mixing. is a factory. within the
meaning OF the factory act. (Gen. Stat.
1915. 5S92.1
.. A cause of action for the death of a
workman. arising under the factory act.
may not be compromised by the widow to
the prejudice Of an infant child entitled
to share in the damages recoverable
All the Justices concurring.
A true copy.
Attest: u. A. VALENTINE
(Sea1.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. p, AT.
Il. J. Smith. Appellee,

No. 21,44I.
Il. J. Smith. Appellee,
Elijah i. Feuner. Appellant.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. By the Court. Dawson. J.
l. Evidence examined and held sufficient
to prove Il contract to pay a reward for
discovering. locating and apprehending a
criminal.
>. The right of a public officer to claim
a reward for doing his duty discussed.
3. A nOn-pay deputy sheriff who was
under no official duty to discover aud ap-
of public policy from claiming a reward
offered for the capture of the thief.
4. Findings of a jury examined and no
material Inconsistency disclosed therein.
). Evidence examined and held sufficient
to support the finding. verdict and judg
ment that pIaintiff had earned the reward
offered by defendant.
All the Justices concurring.
A true copy.
Attest: n. A. VALENTINE.
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL


and an owner whose land is so appropri-
ated is entitled to interest on the damages
sustained by him between the time of the
appropriation and the time of the rendition
of judgment.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeal.I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL

roneous is not void; the error in the judg-
ment could be taken advantage of only
by appeal; other Irregularities complained
of were cured by the conf. nation, and the
defendants application was made too late
to entitle them to relief.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. q, 24.
Clara S. Sipe. Appellee,

John B. Sipe. Appellant.
Appeal from Jewell County.
AFFIRMED r.
Syllabus. By the Court Mason
1. A vested interest in a certificate issued
by a mutual benefit association may be
created after its issuance well at that
tina by an agreement the part of the
member not to change the beneficiary in
consideration Of the payment Of assess
ments=s
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
D. A. VALENTINE.
Clerk Supreme Court.
No 2Ss

No. 81 .33S
State of Kansas. eX rel. S. NJ. Brewster,
Attorney General Plaintiff.
vs..
Carey j Wilson. as Superintendent of In
surance of the State of Kansas. ct al.
Defendants.
Original Proceeding in Mandamus
WRIT DENIED.
Syllabus. By the Court Dawson. J.
The annual state tax of two per cent
upon all premiums received by foreign in
surance companies on account of their
yearly business in this state Imposed by
sections 517T. 5467 and 546S of the General
Statutes of 1915. should be computed upon
the total amount of premiums collected, re-
tanned and devoted to the business of the
insurance companies. but any surplus of
premiums not so used but returned to the
policy holders credited to them as
lbatements dividends should be ex-
cluded from the computation.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court. 4
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21,3sJ.
Thomas Breen, ct al, Appellees.

No. 81 .3SJ
Thomas Breen, ct al, Appellees.
vs.
Margaret Breen. Appellant
Appeal from Clay County.
REVERSED
Syllabus. By the Court Johnston. {. j.
A homestead occupied by childless tes-
tator and his wife at the time Of his death
and thereafter occupied by the widow. who
elects to take under the law rather than
under the will, cannot be partitioneds with :
out her consent at the suit OF collateral
heirs who were never members of the tes-
tator's family.
All the Justices concurring.
A true copy.
Attest: u. A VALENTINE,
fSeal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21,50
Alfred Zane, Appellant

Alfred Zane, Appellant -
Mary Zane vawter, Appellee.
Appeal from Shawnee County. -
(First Division.)
REVERSED. s.-r
Syllabus. By the Court. Mason, j..
An action to compel the defendant to
reconvey land claimed by him under q
deed alleged to have been procured through
his fraud. is transitory and not local, and
may be brought in any county where per-
sonal service can be had upon him. The
statute requiring actions for the determi-
nation in any form of an interest In real
property to be brought in the county
where II Is situated relates only to actions
in which such result is sought by means
operating directly upon the property, and
does not apply TO those by which the co.'s
duct of the defendant is sought to be con-
trolled, although the title to the property
may thereby be affected.
All the Justices concurring.
A true copy. -
Attest: d. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21, 407.
Bert Rucker, Appellant,

No. 81 ,407
Bert Rucker, Appellant,
vs.
c. w. Allendorph and Martha S. Allen
dorph, Appellees, ct al.
Appeal from Shawnee County.
First Division.
AFFIRMED.
Syllabus. BY the Court. Marshall, j.
A person who voluntarily commits an ac-
tionable wrong. either at the instigation or
Others or by acting Jointly with them, for
which wrong a judgment is afterward rem
dered against him. cannot recover from
those who induced him to commit the
wrong or with whom he acted in its COM
mission. any loss or damage sustained by
him by reason of the rendition of the
Judgment.
All the Justices concurring-
A true copy.
Attest: ID. A NALEN TN L,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21.6i1.
The State of Kansas, Appellee,

No. 81. 6i1.
The State of Kansas, Appellee.
Tom Perry Appellant
Appeal from Cowiey County
AFFIRMED.
Syllabus By the Court. Johnston, C. J.
4 Where a defendant joins issue en-
several charges set forth in an inforna-
ton by a plea of not guilty and proceeds
to trial of such charges without raising
a question as to the sufficiency OF a pre-
liminary examination and that exams
nation had been held one of the
charges an objection upon that ground
after conviction comes too late. -
,. The evidence In the case held to be
sufficient TO sustain the conviction.
Il All the justices concurrfng- SO
A true copy.
Attest: ID. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL

real estate, the widow must claim under-
the statute and through her husband
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE, -
tSeaL) Clerk Supreme Court. J
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 2t,gs.
w. J. Robb, Plaintiff,

W. J. Robb, Plaintiff,
VS. a.
Fred Knapp, as Auditor. ETC.. Defendants
Original Proceedings In Asndamus-
WRIT DENIED
Syllabus. By the Court Bufch, j.
Section 10 of chapter 291 of the Laws Of
1913 (Gen Stat 1915, 1929 requires
the fees received by the state board Of
chiropractic examiners to be deposited
with the state treasurer in his official ear
pacity. and not with him as an agent Of
the board.
All the Justices concurring except west.
J.. who did not sit.
A true copy.
Attest: ID, A. VALENTINE, "a
(Seal) Clerk Supreme Court-rg
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No Il AGO.
c. W. winbigler. Appellant,
John Cliff. Appellee.
Appeal from Harper County.
REVERSED.
No. 81 .461.
The State ex rel Vernon Day, County At
torney, Appellee,
John Cliff. Appellant
Appeal from Harper County
AFFIRMED.
Syllabus BY the Court Portet, j.
A business may be conducted under
conditions which will constitute it a private
as well as a public nuisance -.
- ON the facts stated In the opinion IL
was error to sustain demurrer to the petit
ton in n suit brought by an individual TO
enioin the keeping of horse and mule
market in close proximity to his residence
3 In an action by the state on the rela-
ton of the county attorney. it Is held that
me evidence was sufficient to justify a
Siodinp that n horse and mule market
:. ssaducted by the defendant constituted a
public nuisance.
All the Justices concurring.
Attest. H. A VALENTINE.
fSealD Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No. p. 431.
Guaranty Investment Company. Appellee,
s A Gamble, ct al. (Maude Monsey). Ap-
pellant-
Appeal from Cowley County.
REVERSED.
Syllabus By the Court West, J.
/. A claim by the payee and indorser of
certain negotiable promissory notes that it
was orally agreed that If she sold the
notes for fifty cents on the dollar-which
she did-sbe would never be called on to
pay or be held responsible, is variance
from the written Endorsement and con-
stitutes no defense
. A bfi of particulars setting out such
notes with proper allegations to show liza
biIity except an averment of notice of dis
honor or waiver thereof, states no cause of
action against the indorser-
.; 1t was error to render judgment for
the plaintiff on such bift of particulars and
statement of the oral agreement referred
TO in the first paragraph thereof.
All the justices concurring-
A true copy. -
/ Attest: n. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
D. A. VALENTINE,
Clerk Supreme Court.
No. n .471.
Intoinette Louise Koehler, Appellant,

NO. 2l.4h.
Antoinette Louise Koehler, Appellant,
VS..
+. Fl. Gray. Administrator of The Estate
of Jacob koehler. Deceased, Appellee.
Appeal from Miami ounty.
REVERSED.
Syllabus, By the Court. Mason, J.
l. Findings that the claimant of home
stead had not abandoned her residence in
the city in which the property in question
is situated. and that she considered that
city as her residence. held to imply that
she intended to return to the property and
occupy it as a home.
2. Property occupied the homestead
of the owner and his family remains ex-
empt from sale for the payment of his
debts after the death intestate of himself
and his wife. so long as an unmarried
daughter of full age, who had lived with
him a part of his family, continues her
residence thereon without Interruption.
Battey V. Barker, 81 Kan. 511, Ga Pac. 10,
overruled.
3. Where the daughter of an intestate
occupies his homestead under such cir
cum stances as to render 1t exempt from
liability for his debts. and the property
is taken for public purposes by eminent
domain, she is entitled TO compensate
not only for the share of the property own
ed by her, but also for the right to occupy
the whole.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE.
lSeal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. a1465.
The Lyon County State Bank. Appellee


The Lyon County State Bank. Appellee
George Schaefer. Appellant.
Appeal from Lyon County.
AFFIRMED
Syllabus By the Cou--- Dawson j.
l. Between the original parties.-the
nominal drawer of disnonored sight draft.
the party for whose benefit the draft was
drawn and deposited in bank for collec-
tiou. and the bank which honored the
checks Of such depositor drawn in anticl,
patton of the draft being collected,--parol
evidence was competent in an action by the
bank against the depositor to show the
relationship of the parties and the nature
and conditions of ;he deposit.
. > Ordinarily when bank gives credit
to a depositor on the faith of a sight draft
deposited to his account and when such
sight draft is dishonored. the bank may
charge back to the depostor the amount
Of the dishonored draft; aud, if his bona
fide deposit account is insufficient to meet
it and he refuses 20 reimburse the bank,
the latter may recover Judgment against
him for the sum involved in the transac-
ton.
All the Justices concurring-
A true copy. ..
Attest: ID. A VALENTINE,
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

No. 21,01f.
Henry w. Wacker. Appellee, ~
VS..
Mark v. Hester Appellant.
Appeal from Kiowa County.
AFFIRMED.
syllabus. By the Court Porter. j.
Rule followed, that real estate agent
las earned his commission when he pro-
cures a purchaser ready. willing and able
to buy upon terms which the owner has
accepted or agreed to accept -
All the Justices concurriDg.
A true copy. a.
Attest: d. A. VALENTINE. "
(SeaiD Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21.355.
Richard ]. Conroy, Appellant,

No. 21.355
Richard J. Conroy, Appellant.
The Grand Lodge of the brotherhood of
Railroad Trainmen, Appellee
AFFIRMED.
Syllabus BY the Court. Mason, ].
1. 1t is competent for a mutual benefit
association to require that claims against it
upon it's certificates shall be submitted in
the first instance to tribunal DESIGNATED
shall be exhausted before recourse is had
to the courts.
.. In order for member of mutual
benefit association who, according to the
terms of his certificate, has lost his rights
Hereunder by failure to make a payment
forfeiture by reason of a reliance upon an
established practice of accepting delin-
quent payments within a definite period
after the default, he must show offer to
make payment within the limit as so ex-
tended.
2 Where, notwithsta ding a written rule
that loss of membership in a mutua
benefit association results automatically
from the failure TO pay dues before the
first of the month. practice has been es
tabished of accepting them if offered be-
fore the sixth. the entry on the records that
the expulsion of member has resulted
from his failure to make payment, followed
by a notice given him to that effect, be-
tween the second and the fifth. does not
excuse omission his part to offer
the money before the sixth. if he is to rely
upon the extension of TIME growing out of
T. Where the expulsion of a member of a
mutual benefit association has resulted
from his failure to pay his December dues
within the prescribed time. and proper en-
tries OF the fact have been made upon the
records. the association is not precluded
from relying upon such expulsion as a
defense to claim made by him. by the
unintentional error of a general officer in
referring to the expulsion as having taken
place in October, in letter denying liza
bility on account thereof.
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

NO. 21,440.
Rachel Lillard and Molie f. Blackmore,
as executors of +. 1 .McQuiddy, deceased,
Appellants,
The Board Of County Commissioners of
the County of johnson. State of Kansas,
Appellee
Appeal from Johnson County.
AFFIRMED.
Syllabus. By the Court. West, J.
1. The doctrine of estoppel requires of
a party consistency of conduct when in
consistency would work substantial injury
to the other party.
.. A land owner entitled to a warrant for
certain condemnation money. instead of
demanding its delivery. submitted to the
county board the question whether be or
his grantee was entitled to such warrant
stating among other things that he felt
sure that when the facts are known by
you, that no better tribunal can be found
to decide our relative rights than your
Honorable. body" Thereafter the vendee
appeared before the board and upon his
showing the warrant was delivered to him.
Later the vendor sued the board to recover
the amount end value of the warrant.
Held. that he is estopped.
All the Justices concurring.
true copy.
Attest D. A. VALENTINE.
ISeal.l Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
D. A. VALENTINE,
Clerk Supreme Court.

No. q, 437.
P J. Downes and J. A. Heating, Partners,
etc, Appellants,
w. A. Rogers. Appellee.
Appeal from Reno County.
AFFIRMED
Syllabus. By the Court. Dawson, =.
Record examined and the evidence held
sufficient to prove that the vendor of a
farm tractor was the plaintiffs agent; that
the agent received from the purchaser the
price of the machine; and plaintiffs action
against defendant to collect payment a sec
ond time was properly defeated.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. LAG.
Kate c. MaKeown, Appellant,

No. u 446.
Kate c. MaKeown, Appellant,
Ns.
Frank Carroll. as Executor, ct al, Appellees.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus. by the Court. Marshall, J.
1. The evidence did not prove the con-
tract alleged in the plaintiffs petition.
?. The findings of fact made by the trial
court were supported by the evidence, and
no sufficient reason is advanced by the
plaintiff for striking out any portion of
any finding or for adding anything thereto.
All the Justices coucurring.
A true copy
Attest: y. A. VALENTINE.
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12

~ -Af7OOs
The Atchisou. Topeka Il Santa Fe Rail
way Company. Appellant
w :. Young and II. W. Young, Partners,
etc. Appellees.
Appeal from Reno County.
REV ERSED.
Syllabus. BY the Court Burcha );
l. A schedule of freight rates duly filed
snd published by a railroad company,
and not disapproved by the interstate com
merce commission, has the force OF
carrier.
. In an action to recover the amount
Of under charges for freight shipments
computed according to schedule in force
governing the subject. it is error for the
court to receive and consider proof that
the commodities shipped we're not classf-
fled in the schedule according to correct
principles.
Ali the Justices concurring-
Attest: n A. VALENTINE.
fSealD Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
No. 21,231

No. 21.231.
Gertrude e. Moon. as Administrative, ETC.,
Appellee,
Vs.
Nancy j. Moon, and Edgar L.. Moon, APP
= pellants-
Appeal from Shawnee County.
division No IL
Syllabus. By the Court. Burch, J.
. REVERSED.
A contract signed by a mother and her
two sons. Charles and Edgar, wherein it
was stipulated that Charles owned one
fourth interest in land. which the mother
and Edgar agreed to purchase, considered,
and held to be open to extrinsic evidence
that the mother was sole owner of the
land, that Charles had no interest in it,
that the contract expressed a device
whereby gift to Charles was to be eff
fected, and that the obligation to purchase
apparently created on the part of the
mother and Edgar was destitute of con-
sideration.
All the Justices coucurring.
A true copy.
Attest D. A. VALENTINE,
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL

his appeal and acquittal in the district
court, the conviction in the police court is
conclusive of probable cause.
All the Justices concurring
A true copy.
Attest: D.. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-04-12
LEGAL

to keep up The payments on his certificate
of mem bership In a mutual benefit assocla-
ton, which is payable to her on his death,
in consideration of his promise not to
change the beneficiary, substantial perform
ance of the agreement on her part may be
established, notwithstanding that a number
of the subsequent assessments were paid
by her husbands father, who had promised
to pay them for her If she became unable
to do SO, she supposing that the payments
were made by him because of his promise,
although the fact was otherwise.
s. Evidence that a member of a mutual
benefit association told his wife that, in
consideration of her paying the assess
ments, upon his death she would receive
the proceeds of his certificate for herself
and her children. does not necessarily i'm
ply that any legal claim thereto was
intended to be given the children.
4. The rule that a judgment will not
be reversed for the admission of incom-
petent evidence. if there was other and
competent evidence to the same point. un-
less 1t affirmatively appears that the i'm
proper evidence affected the result. applies
where a jury is called, but acts only in an
advisory capacity, as well as in cases tried
without a jury.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court