davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
SUPREME COURT SYLLABI
No. 21.5O7.
Allen ii. Bushey, Appellant,
VS..
George M. Coffman, Appellee.
Appeal from Labette County.


REVERSED.
Syllabus. By the Court Dawson 7
l. The evidence adduced by plaintiff to
sustained through defendants false and
fraudulent representations touching the
financial condition of bank, whereby the
rla1nt1ff was induced to purchase defend
ants stock-a controlling interest|n the
hank examined and held sufficient against
a demurrer.
= The pleadings and plaintiffs evidence
70 support cause of action for rescission
Of contract made under duress for the
purchase of land and for the return and
cancellation of plaintiffs note given there
for examined, and held sufficient against
demurrer to plaintiffs evidence; and
held also that the issue of duress and
consequent fllegality of the note raised by
the pleadings and established prima facie
Ly plaintiffs evidence made it improper to
lender Judgment for defendant on his
cross petition although plaintiffs answer
&c the cross petition was not verified.
B. The opinions of well-informed bank
ers and business men touching the finan-
-nunity and the promptness and ability of
such persons to pay their debts may be
"a some evidentiary assistance to a jury
in determining the worth or worthlessness
of such persons notes as assets of a bank.
4. Plaintiffs evidence tended to prove
the following facts: The defendant organ
lied bank. controlled its stock and con-
represented to plaintiff that the bank was
prosperous, that the book value of its stock
was WOTLH SlZO per snare OF better, that
the bank was successfully maintaining a
salary list of $1,000 per annum. that its
profits for the current year would ALLOW
1919 for dividends, and would allow the
charging off of $1,000 per annum for bad
notes and leave $1,000 per annum to carry
to undivided profits, that he did not be
lieve there was $500 worth of bad paper
in the banks assets of $4,000 to s15O.OtJ
in loan notes. He sold his controlling in
teres+ in the bank to plaintiff after en-
Joining plaintiff not to make an independ-
emit local investigation of the status CT tn.
banF and its business, and both orally anG
in writing defendant told plaintiff: You
will have to take my word for it." In
reliance on these representations plaintiff
paid S23.700 for defendants stock. The
representations were altogether false. some
$45. 900 of the banks notes were worthless
and were mostly mere renewals Of uncol-
lectible loans. The state bank commits
sioner ordered these loans charged off as
worthless and gave the stockholders but a
few hours in which to collect from among
themselves an assessment of $40 per share
to avert the closing of the bank. and the
plaintiffs investment was total loss
These and minor related incidents con-
sidered and held to be competently pro-
bative of cause of action for damages
against defendant.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
D. A. VALENTINE.
Clerk Supreme Court.

No. n $50.
The First National Bank Of Horton, Kan
sas, corporation, Appellant,
VS..
John Schuetz, Appellee.
Appeal from Brown County.
AFFIRMED.
Syllabus. By the Court. Porter. j.
1. Although the assets of a firm are to be
applied in paying its debts to outsiders
before either partner is to receive any por-
ton thereof, tie individual creditors of
partner are not entitled to the same pri
ority. They have a right to his indi-
vidual interest only. and this is his share
of what may remain after payment of the
partnership debts. and after settlement
Of the accounts between the partners.
Q. Where, in an action against an I'm
dividual partner, the funds Of the firm are
garnisheed. the plaintiff acquires by his
garnishment an interest only, to the extent
of the share of the debtor. which is his in
terest in the balance which remains after
the firms debts and the equities of part
ners are satisfied and further, where in
such an action the court has before 1t all
the parties claiming an interest in the
fund. 1t Is proper to take an account of
the partnership affairs.
All the Justices concurring. .
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 81, 100.
Peter Geinger, Appellee,

No. 81 199
Peter Geinger, Appellee,
VS..
George Krein, Appellant.
Appeal from Cheyenne County.
DISMISSED.
Syllabus. By the Court. Burch, J.
The court will not consider the merits of
an appeal from judgment of forcible de-
tention, rendered against a tenant claiming
under a lease, after the lease has expired !;
and the fact that in the course Of the liti-
CATION the tenant has given bond not to
commit waste ana to pay double value of
the use. and damages, does not give him
n continuing right to a decision on the
merits.
All the Justices cohcurring.
A true copy.
Arrest: D. A, VALENTINE
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,619.
Annie Mason. ct al, Appellants.

Annie Mason, ct al, Appellants,
The city of Kansas City, ct al, Appeilees.
Appeal from Wyandotte County.
First Division.
AFFIRMED.
Syllabus BY the Court, Marshall. j..
l. Property consisting Of one body Of
land may be annexed TO a city OF the first
class, il the whole of the tract thus an
nexed is contiguous to the city. although
parts of the tract may be owned by differ
emit persons tHurla v. Kansas City. 46
Kan. I3s q Pac. 1f3 followed.
city Officers under statutory authority which
proceedings extend the corporate limits Of
a city so as to annex a tract Of land. e. n
be questioned only In direct proceeding
prosecuted at the instance Of the state by
proper public Officers
Section Of chapter 104 Of the Lave
Of 1913 (Gen. Stat. 1917, Section 1922 cured
any defects that may have existed In or
dinance No. $40 annexing certain land to
Kansas City.
4. Where special assessments for public
improvements in q city Of the first cias IS
are levied on property not liable therefor
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No. 21,414.
Agner r. Croner. Appellee,
Christopher ,Keefer ct al. Appei:ees,
Appeal from Morris County
AFFIRMED.
Syllabus BY the Court. Dawson. j.
1. The relationship Of husband and wife
is 70 intimate and confidential that hus-
band cannot acquire a valid and inslepend-
emf tax title to his wffe's real estate by Il
purchase thereof at a tax sale.
3. Rule followed that the granting or re-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No. q, 1915.
James Frost, a Minor. by J. G. Frost, his
father and next friend, Appellant,
VS..
The City of Topeka. Appellee.
Appeal from Shawnee County.
division No. II
AFFIRMED.
Syllabus By the Court Porter. ].
In an action against city by minor
to recover damages caused by the ex-
plosion of dynamite caps left upon the
grounds of a detention hospital of the city
through the negligence of the city's EN-
ployes, held, following former decision
In the same case (Frost '. City Of Topeka,
9S Kan. CSC. 161 Pac. $3.50 and Butler ".
Kansas City, 81 Kan. $50. 155 Pac. II. that
the petition fails to state cause of action.
AL the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,553.
Frank Bishop, Appellee,

No. 1,553.
Frank Bishop, Appellee,
vs..
A. A. Foley and Mrs. A. A. Foley.
Appellants.
Appeal from Atchison County.
REVERSED.
Syllabus. By the Court Marshall. J:
1 To effect an appeal from a Judgment
rendered by the city court of Atchison. an
appeal bond must be filed in that court
within ten days from the rendition Of the
Judgment.
2. The right to object to the jurisdic-
ton of the city court of Atchison to hear
a motion for a new trial. whdn more than
five days have elapsed after the rendition
of a Judgment. is not waived by partiei-
Ucting in the hearing of the motion. by
taking part in the trial In the district
court after the cause has been appealed, or
by filing a motion for new. trial In
the latter court. If timely objection is
made in each court
All the Justices concurring.
true copy.
Attest: u. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
Asks Shoe Case Rebearinp

Washington. June 15.-Declaring
that the supreme courts decision in
the United Shoe Machinery case
offers an avenue of escape" from the
sherman antitrust law and again
surrounds with doubt" the limita-
tons of the patent grant. the govern
ment today petitioned the court for
rehearing of the case.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL,

entitled for services rendered towards find
ing a purchaser for the defendants land
was made without fraud or concealment, it
is binding Upon the parties regardless Of
the merits of the controversy.
All the Justices concurrinS.
A true copy.
Attest: d. A. VALENTINE,
lSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21.2T3.
c. v. Orendorff, Appellee.

c. v. Orendorff, Appellee,
VS..
Brown Bed Manufacturing Company,
Appellant.
Appeal from Woodson County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
Although a positive affidavit to its
correctness is necessary in order that an
account may be regarded as duly verified.
the denial thereof is sufficient If supported
by the oath of the affiant that he believes
Il to be true.
2. Various trial rulings held not to have
Teen erroneous.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
tSeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,5S2-
Ida Cloud. Appellee,

The Kansas Oklahoma Traction Company,
Corporation. Appellant.
Appeal from MONTGOMERY County.
REVERSED AND REMINDED.
Syllabus. Bv the Cour.- Porter. J.
1. "A carrier Is bound to exercise the
highest degree of care that is reasonably
setting them down safely at their destina-
TONS Lynch V. Railway Co., 90 Kan
1Hs5. 142 Pac. 93S. Syl- IL
2 But the carrier Is not an insurer of the
safety Of passengers, and an instruction
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21.351.
May Lightfoot, Appellant,

No. 21.351.
May Lightfoot, Appellant,
VS..
G. J. ightfoot, Appellee
Appeal from Miami County.
AFFIRMED.
Syllabus. By the Court. West. j.
The evidence Is examined and found to
be such that the conclusions reached by
the trial court and the decree rendered
should not be disturbed.
Johnston, c. J., Burch, J., Mason, J.. Por-
ter. J., and Marshall. J., concurring.
West, J. and Dawson. j., dissenting.
A true copy.
Attest: u. A. VALENTINE.
(SeslJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL

of children and others might not be an
ticipated cannot be regarded as neSligentlv
excessive as against the child.
:, The failure of the trainmen to have
discovered the child at that place at the
earliest possible moment or to have kent
continuous lookout along the track at
that time and place was not a violation Of
their duty toward him.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21.34S.
Missouri Ann Shell, Appellant,

Missouri Ann Shell, Appellant,
Ernest f. Mulligan, Appellee.
and Levi NJ. Noffsinger, John W. Nofe-
singer, Manda Knoll, Julia E. Clark,
Clara Best Maud Tucker and Mar
garet Corrigan. Appellants.
Appeal from Finney County.
AFFIRMED.
Syllabus. BY the Court. Porter. J.
In suit by the heirs of a deceased per-
son to set aside a deed made by her when
she was eighty years old by which she
made a gift of real estate to her grand
son, then twenty years of age and who had
lived with her from infancy, it is held that
tie evidence was sufficient to show that
the transaction was fair and conducted
without undue influence of the grantee,
and further, that there was sufficient EVIL
dence to establish the delivery of the deed
All the Justices concurring.
A true copy.
Attest: n. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,5O9.
Francis NJ. CLARK, Appellee,

rAodNiS 49, NiaAAb @APPNANNs
W. c. spruens. Appellant.
Appeal from Cowley County.
REVERSED.
Syllabus. By the Court. Dawson, J.
1. Where a plaintiff has been required to
tain and has obtained time to do so. AMI
Re merely amends by a slight interlineatiou
and no entry is made in the docket showing
or that the original petition amended by
teilineation has been refiled, and where
the defendant has no notice of such amend
nent, judgment on such petition should
not be entered against defendant for de-
2 The tendency Of a motion in the trial
court to set aside Judgment entered by
default when a cause was not properly at
Issue does not deprive the aggrieved party
Of his right to appeal from that at Judgment Mt
delay ing 1t until such motion Is decided
in the trial court.
All the Justices concurring.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
No. 21,2s4.
Clara S. Sipe, Appellee,
John B. sipe. Appellant.
Appeal from Jewell County; ,
OPINION DENYING PETITION FOR
Syllabus. BY the Court. Mason. J
Where change of beneficiary in GER
tificate issued by mutual benefit as
fective because of a prior contract against
1t, the person named as the new beOe-
ficiary is entitled to be reimbursed out of
the proceeds of the certificate account
| of assessments paid by him after such
change. but not on account of payments
made heretofore.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE.
fSea1) Clerk Supreme Court
No. p. SIS
James Morris and Laura Morris, Appellees,
James W. Lusk. ct al. Receivers of the
Saint Louis & San Francisco Railway
Company, Appellants.
Appeal from Cherokee County.
REVERSED.
Syllabus. By the Court Johnston, c. ].
/ The duty owed by railroad company
to a child two years old who wanders
uI.on its right-of-way and track at a place
where the presence of children and others
| Is not within reasonable anticipation is tu
exercise reasonable care to avoid injury
TO him after discovering his peril.
2 Although the neighhorbood through
which the passenger train was running
was populous speed of 45 miles an hon'
along that part of the railroad where the
child was struck and where the presence
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21.621.
Sarah u. Foote, Appellee,

No II 621.
Sarah u Foote, Appellee,
Isaac Foote. Appellant.
Appeal from Jewell County.
REVERSED
Syllabus. BY the Court. Dawson. j.
Where husband and wife acquire
tract Of land out Of the public domain by
their compl ance with the PROVISIONS OF the
federal homestead act.-by their settlement
improvement. continued residence upon
and cultivation of the land for a period OF
years such land is acquired by the joint
efforts of both husband and wife within
the meaning OF section 673 of the civil code:
and as an incident to divorce action the
trial court has authority to make an equit-
able division of such land between the
PARTIES: md in such an action 1t IL fmma-
terial that the original homestead filing and
the government patent were in the name of
the wife.
All the Justices concurring.
A true-t opy.
Attest: ID. A. VALENTINE
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No q, &c.,
The Humboldt Brick Manufacturing Com
pany, a corporation, Appellant,
VS..
d. NJ. Kennedy. ct al, Appeilees.
Appeal from Neosho County.
REVERSED.
Syllabus. By the Court. Marshall. ].
The builders of a lnausoleum are liable
to those who furnish the material for the
erection thereof. in a sum equal to the
amount unpaid on the contract, where the
contractor becomes insolvent, and is una BILE
to perform his contract. and the owners
agree with the contractor to complete the
mausoleum and to pay for all materials and
labor not already paid for, not exceeding
in all payments, the contract price.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

Make up your mind what you want and
then go after it, and keep after it until
you get it.-John ". Gates.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 81, 544.
The State of Kansas, Appellee,

No. 81 544.
The State of Kansas, Appellee,
D. w. Stratton, Appellant.
Appeal from Shawnee County.
(Second Division)
AFFIRMED.
Syllabus. By the Court. Mason, J.
1. The statute providing that the de-
PENDANT in a felony prosecution cannot De
tried unless personally present during the
trial does not forbid the sending of the
jury to view the place Of the alleged of
tense without his accompanying them; and
If the provisions of the bill of rights that
defend in person and by counsel. and to
meet the witness face to face. give him
right to accompany the jury on such trip,
he valves the right by failing to ask leave
to exercise it.
o An objection by the defendant in. q
sent to view the place of the alleged Of
Tense, upon the ground. among others, that
he has a right to be present at all the pro-
ceedings of the trial and to have the evil
dence presented by witnesses whom he
meets face to face, does not amount to
request to be allowed to accompany Them
and does not prevent his omission to make
any rights he may have in that regard.
8. The act of prosecuting OFFICER In
making change In the premises where the
offense was alleged to have been COM
mitted held not to have been a ground for
granting a new trial. iqasmuch ms the de-
stored things to their original condition
before the inspection by the jury.
All the justices coucurrfng.
A true copy.
Attest: D. A. VALENTINE.
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 81 ,57S.
N. c. Mcleod. et' AL, Appellees.

N. c. Mcleod. It al, Appellees.
George II. Palmer. ct al, &C. P. Seward, ct
al, Appellants.)
Appeal from Cloud County.
AFFIRMED.
Syllabus. By the Court. Johnston. G. j..
1. The rule in Mcleod v. Palmer. 96 Kan.
159. $50 Pac 535 held to be applicable and
controlling as to the questions therein de-
cided.
2 In proceeding to open up Judgment
rendered on service by publication only, the
defendant making the application, among
other things. must show that he did not
have actual notice of the action in time to
appear and make his defense. and the fact
that he was under disability by reason OF
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No. 21.591.
Maggie Boothe, Admx.. ct al, Appellant,
yS.
Adam Daley, Appellee.
Appeal from johnson County.
AFFIRMEL
Syllabus. BY the Court. Marshall, J.
Where vendor contracts to convey real
property on the payment Of a certain sum
in installments. and Is paid a number of
the installments: and then makes convey
ance to a third party, the damages sus-
tanned by the vendee on account Of the
conveyance may be recovered from the
vendor: but. where the third party can be
compelled to perform the contract none of
the amounts maid the vendor. and neither
the value Of permanent improvements made
by the vendee. nor the increase in the
value of the property. cap be recovered
from the vendor. unless there Is rescis-
sion of the contract.
All the Justices concurring.
A true copy.
Attest: n. A. VALENTINE
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

Hitch your wagon to a STAR" but don't
forget the axle grease.-Anon.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No. LOCO.
B. F. Saunders. Appellee,
F. T. Graft ct. al, Appellants.
Appeal from Reno Comfy.
AFFIRMED
Syllabus. BY the Court. Burch. ].
The bulk sales rct does not modify. or
curtail the benefits of. thu act exempfin g
certain personal property from sale on ex-
ecutfon.
All the Justices toncurrinR.
A true copy.
Attest: d. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

No. 21.5s1
Robert Boyd. Appellant,
vs..
Herbert Dexter ct al, AppelIces.
Appeal from Pawnee County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
The evidence held to support a finding
that the plaintiff was n resident Of Kansas,
and therefore required to pay taxes here
upon his intangible personal property.
Ali the Justices concurring.
A true copy.
Attest: u. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,392.
NJ. D. Sampson, Appellant.

No. 81 39o
NJ. D. Sampson, Appellant
C. Vanderbilt, Appellee.
Appeal from Dickinson County.
REVERSED,
Syllabus. By the Court West, J.
1. The evidence examined and held r.
have been sufficient to require its SUBJ
mission to the jury.
One who in a loan transaction nets as
fgent for both borrower and lender with
their full knowledge and approval Is en-
titled to any commission agreed by either
of them to be paid to him
3. The motion for a new trial (even IL
such motion were necessary proper)
tention to the alleged error in sustaining
a demurrer to the plaintiffs evidence.
All the Justices concurring.
A true copy.
Attest: n. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL

fusai of leave to file belated pleadings is
within the sound discretion of the trial
court.
=. When a writ directing judicial sale
of property has been delivered to AMI
partially executed by sheriff who is
ana proper for him to deliver the writ to
lis successor. and the latter may finish
the official duty directed by the writ anu
lake the official return thereon accord
inrly.
Ali the Justices concurring.
Attest: u. A. VALENTINE,
(SeaI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
LEGAL

Published in The Topeka State Journal,
June Is, t91Sl
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
SEVEN sENTENCE SERMONS.

Light is light whoever holds the candle
stick.-E. f. Hale.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15

The mole would live beneath the ground
and Nature closed its eyes.-Henry Drum
mond.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-06-15
No. 21,610.
W. r. Buck, Appellee.

No. 21,610.
W. r. Buck, Appellee,
The Board Of County Commissioners q
Miami County. Kansas; c. H. Holman.
County Clerk Of Miami County, Kansas
and c. f. Leibengood. County Treas.
urer of Miami County, Kansas,
Appellants.
Appeal from Miami County.
AFFIRMED.
Syllabus. ny the Court. West, 7.
resident of this state having soId 4
business in Wyoming placed the proceeds
with an investment company In Missouri
with full power tn invest in notes and
mortgages record. release collect and ~
invest, the securities being at all times IN
the possession Of the agency. the prnfita
only being RENTED to the PRINCIPAL. Held,
that such securities being thus dealt with
for a number Of yenrs acquired a business
situs for the purposes Of taxation where
the agency Is located and are not taxable
at the residence Of the owner.
All the Justices concurring
true copy.
Attest: n. A. VALENTINE,
fSea1D Clerk Supreme coE.rt.