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broker to the vendor as a customer, but the
negotiations between them are unsuccessful, and afterward the vendor in good faith em ploys the broker so Introduced to him to pro cure a purchaser, and he thereupon produces a purchaser, and Is the proximate, efficient and procuring cause of the sale and exchange of the property, he would be entitled to the commission, rather than the brokers origin ally employed and who Introduced him to the V1k Where the material findings of a Jury are contradictory and insufficient to sustain the general verdict, the judgment based on the general verdict will be reversed. All the Justices concurring AtS!:C0Py' C. J. BROWN, seal Clerk Supreme Court 7080. J. T. Smith vs. Wm. P. Higinbotham. Error from Riley County. REVERSED. SYLLABUS. BY THR COURT. JOHNSTON, J Case reversed on the authority of Llmbocker vs. Higinbotham, 52 Kas. ; 35 Pac. Rep., 783. All the justices concurring. A true copy. T5Pr....v Attest: C. J. BROWN. axm Clerk Supreme Court. 7069. E. S. Walton, as Assignee, etc., vs. Mary E. Eby. 7070. E. S. Walton, as Assignee, etc., vs. Edward E. Jc.Dy. Error from Marlon County. REVERSED. SYLLABUS. BYTHKCOUBT. JOHNSTON, J. A general assignment made for the benefit of creditors which purports to convey all the property of the assignor entitles the assignee th nnaaesatnn and control of property fraudulently conveyed by the assignor about the same time for the purpose of defrauding creditors, and the assignee as the representa tive nt tho omriUnra mav institute proceed ings in their behalf to set aside such fraudu lent conveyances to the end that he may gain dominion over the property and make an equitable distribution of the same among all tne creanors oi mo esune. All the justices concurring. A true copy. bdawm Attest: M C. J. BROWN, skai Clerk Supreme Court, 7044. The Kansas & Colorado Pacific Railway Com pany vs. Josnua vvrignt. Error from Sumner County. DISMISSED. Syllabub. By the Court. Johnston J. A judgment was rendered by a judge of the district court near the end of his term, on Mtvomhnr 1 ix. when sixtv davs were given to make a case for the supreme court, ten days thereafter were allowed to suggest amend ments thereto, and it was ordered that the case should be settled at some future time on five days' notice. The case was served Decem ber 38, 1889, but no amendments thereto were ever suggested or made. The term of the dis .it tnAtra who triad the cause expired on January 13, 1890, three days after the time for suggesting amendments had passed. No notice t So nraanntAtion ot the case for settlement and signing was given until the following June, ana tne case was seitieu over uujoiiuuuo on July 10, 1890. Held, That as the term of the judge expired when no time was fixed for set tling and signing the case, he had no authority to settle ana sign jne same. All the justices concurring. A true copy. , Attest: C.J.BROWN, seal Clerk Supreme Court 7036. Mahilda A. Duvall vs. William Simpson and Emma Simpson. Error from Norton County. REVERSED. Syllabus. By the Court. Johnston. J wwia thA Uns of time will bar equitable relief against a mistake made in describing land intended to be conveyed, the period of limitation will not begin to run until the dis covery of the mistake or until the time at which by the exercise of reasonable diligence it might have been discovered. All the justices concurring. A true copy. Attest: C. J. BROWN, giiL Clerk Supreme Court 7089 H. C. Wey vs. W. II. Schofleld. Error from Phillips County. REVERSED. Syllabus. By the Court. Johnston, J. An action to recover a penalty for failing to discharge of record a mortgage which had been fully paid and satisfied cannot be main tained until a demand for such discharge has been made, and it can only be brought within one year after the cause of action accrues ; but where no demand Is made until more than one year after the demand could have been made, the action to recover the penalty is barred by the statute of limitations. All tne justices concurring. A true copy. Attest : C. J. BROWN, ssal Clerk Supreme Court 791L T. D. Lewis vs. Metcalf, Moore & Company. Error from Wyandotte County. REVERSED. By the Court. Syllabus. Allen, J 1. A local usage in a particular market is not binding on persons dealing in such mar ket where it appears mat neitner oi tne parties to the transaction intended to comply with anch usaire. The only ground on which a local usage different from the general cus tom can be heia Dinaing, is mat uie parties whn Haul in the place where such usage pre vails are presumed to have contracted with reference to it, and in this case the facts nega tive such presumption and query, whether any such uniform usage is shown by the evidence as would be binding on parties dealing at the Kansas City stock yards. 2. After the authority ot an agent has been revoked and actual notice of such revocation has been given to a party dealing with him, the admissions ana aeciarauons oi sucu cu thereafter made are not binding on his prin cipal, nor admlssable in evidence against him, and in this case the acceptance by the agent after the revocation, and notice thereof of his agency of moneys due the principal in pay ment oi tne personal aeo iHi8iwffl not affect the right of the principal to collect the sum due him. All the justices concurring. A true copy. . ,., Attest: C.J.BROWN, seal Clerk Supreme Court 7054. T. D. Lewis vs. Metcalf, Moore & Company. Error from Wyandotte County. AFFIRMED. By the Court. Syllabus. Allxn, J whArA the natltlon of the plaintiff alleges that the defendants wrongfully obtained the possession of certain hogs belonging to him. and converted them to their own use, and the nmnf ahnvn that, tho hosts were sniuuea to me defendants by the plaintiff's agent, who had authority so to do. for sale, and they were sold hv tha HAfATKianta under such authority, and wnereno amenamem w mo piiuu fu !,. i Ilvlrl TViat a rlamiirror trt th tiuu is uiauni v - plaintiff's evidence was properly sustained, even though it appears that the defendants have not paid to plaintiff, or his agent, the proceeds or tne property soia. All the justices concurring. A true copy. Attest: C J. BROWN, seal Clerk Supreme Court 9145. State of Kansas vs. John E. McCarty. Appeal from Marlon County. AFFIRMED. By the Court. Syllabus. Allen. J 1. On a prosecution for murder declarations of the deceased prior to the fatal encounter are inadmissible, except when properly a part of the res getx. A witness was permitted to testify that immediately after an altercation between the defendant and the deceased, and about ten or fifteen minutes before the fatal shot was fired, fcMr. Gross was standing in that alley back of Costello's. I didn't see Mr. Mc carty at all. I went down to Gross, and he said McCarty had gone to get a gun to kill him." I said : "You bad better go down to the shop." lie was working for Mr. Hauser. "Go around to the shop and not have any fuss with him." Another witness testified that he overheard the altercation between the parties Inst preceding this statement, and said: "I leard John tea him he would go get his gun and kill him." It appears from the testimony of many witnesses that the defendant did go and get a gun, and did shoot and kill the deceased with it, within a very short time, Held, That the admission of this testimony is not such an error as requires a reversal of the judgment 2. The defendant was charged with the crime of murder in the first degree. He ad mitted having killed the deceased, but claimed the act was done in selfdefense, and therefore justifiable. The court correctly charged the Jury, as to what constituted mur der in both deg ees, and what would lustifv the action of the defendant and also charged with reference to manslaughter under various sections oi tne statute, Dut omittea to mention section 17 of the crimes act or to (dve any instruction as to what would constitute man slaughter in the second degree as therein de fined. The defendant was convicted of murder in the second degree, Mela. That the facts in th! maa did not imperatively reuulre the court to explain the law with reference to manslaugnter in tne secona aegree as aenneu In section 17, and that no material error is Rhown bv its failure to do so. 3. The defendant in a criminal case after a plea of not guilty has been entered may take the deposition of absent witnesses, condition ally, upon a commission issued by the clerk ot the court, and service of like notice on the prosecuting attorney of the time and place of taking such depositions as in civil cases, and where depositions are so taken, they need not be upon written interrogatories as provided in section 351 of the code of civil procedure. 4. Where a deposition so taken is excluded by the court, it is error, but where the sub stantial facts sworn to by the absent witness are also proven by another witness, whose testimony is wholly uncontradicted, and where the substance oi the testimony ex eluded is concerning a remote and unimport ant circumstance, which could not possibly have much weight with the jury, the error Is not such as warrants a reversal of the Judg ment All the Justices concurring. A true copy. Attest: C. J. BROWN. seal Clerk Supreme Court 709A J. C. Kitchen vs. The Bellefontaine National Bank. Error from Finney County. AFFIRMED. By the Court. Syllabus. Allen, J The defendant executed 4n Ohio a promis sory note, to which was subjoined a general warrant ot attorney to confess Judgment thereon, he afterwards removed to Kansas. Held, that a ludement duly entered in Ohio, by confession under the warrant of attorney, is valid, notwithstanding the defendant's re moval from the state. All the justices concurring. A true copy. Attest: C. J. BROWN, seal Clerk Supreme Court 7024. Kilpatrlck-Koch Dry Uooda Company vs. Kahn iiromers. Error from Norton County. AFFIRMED. By the Court. Syllabus. Allen, J i In order that a plaintiff below mav obtain a reversal of a Judgment for errors in the in structions of the court, the record must show that tha plaintiff offered evidence tending to establish every fact essential to his recovery, and where In an action to recover gooas claimed to have been fraudulently purchased, substantially all the evidence wltn rererence to the purchaser's solvency is omitted, the court will not assume that sufficient evidence to establish that fact was offered at the trial. 2. Where a purchaser buys goods with in tent to defraud the vendor of their price, and sells them to a third party, It Is not necessary that the last named purchaser should have had notice of the original fraudulent purpose in order to defeat his title, but in order to protect such subsequent vendee in his pur chase the burden rests on him to show that his purchase was free from fraud and for a valuable consideration. 3. Where special questions are submitted to the jury it is error for the court after conclu sion or the arguments to charge the jury to make their special findings conform to their ireneral verdict. The sole duty ot the jury with reference to such questions is to answer them truthfully. 4. The declarations of an agent as to matters outside of his agency are lnadmlssable against tne principal. All the justices concurring. A true copy. Attest: C. J. BROWN, seal Clerk Supreme Court 707. Rohlfing di Company vs. Frlsbee D. Carper etal. Error from Trego County. AFFIRMED. By the Court. Syllabus. Allen, J An incoming partner of a trading firm is not liable for tho prior debts of the firm without a special promise, founded on a sufficient con sideration nut Bucn consideration may do me Interest In the property of the firm received by him at the time he becomes a member. All the justices concurring. A true copy. Attest: C.J.BROWN, seal Clerk Supreme Court 7028. Anion Butler, Sheriff vs. Case & McNeny. Error from Norton County. AFFIRMED. By the Court. Syllabus. Alh. v.J S. ft Co. executed X chattel mortgages to the Ship Your Produce Direct TO MARKET. T 1 rK-elT and oell: Butter, Kgea, Poultry, Veal, Uamo Hay. Oraln, Beans, Heeds, Potato, Broom Corn, Hideo, Pelt a, Wool, (.reeii mmd Dried Fruit, Vegetable, or anything too may have to ship. We make prompt sales at tha lilgtiert Market Price and send quick returns. Write us tor Prices, Shipping Tags, or any Information you may want SUMMEES, MORRISON Sz CO. COMMISSION MERCHANTS, 174 Bo. Water Streets' CHICAGO, ILL, Reference: Metropolitan National Bank, Chicago, and this paper. When writing advertisers mention Advocate commission Consignments from Wool Producers and Shippers Solicited. Liberal Advances made whan do aired. Back free to Shippers. Established 1866. GILBERT AH BROS. 812-314 Michigan Bt,CfaIeago,IlUriota. N. M. Co. to secure a bona fide debt N.M.(. took possession of the mortgaged goods and placed them In charge of Its agent, and also fmmnHLtoU rnrftad its mortgages. It then assigned to the plaintiffs the noi and mort gages. A few days afterwards the goodj attached by the sheriff in actions against the N. M. CO. B a. s t-a ana me guuus wo bw thereafter sold by order of the district Judge. Ahnnt thnwi month after the attachment was levied, plaintiff" commenced this suit to re cover tie goods or their value. The trial court found in their favor; Held, that the record does not show either that the mortgages were fraudulent or vold.or tnat tne piainwus waiveu their rights by delay in enforcing them. Ail tne justices concurring. A true copy. . Attest: C J. BROWN, seal Clerk Supreme Court 6957. State ot Kansas, ex rel, and the City of Greely vs. w. it. aicujure. Error from Anderson County. AFFIRMED. By the Court. Syllabus. Allen, J Where the original plat of a town site filed by tha proprietors in 1859, shows that a certain quarter or a diock was piatieu imo iu., uu wnicn tne piaintina comena waa uuuiubwju vj the declarations and conduct of the owners for a public square, and where said ground has been assessed for taxation, and taxes paid thereon a portion of the time, and said lands marked on the assessment roll as exempt dur ing other portions ot the time, and the testi mony falls to show a clear.unequlvocaland un contradicted dedication and acceptance ot such ground to public use, the findings of the trial court In favor of the defendant cannot be Ignored or set aside, and Held, that in this case there was evidence to sustain every ma terial finding of fact. All the Justices concurring. A true copy. Attest: C.J.BROWN, seal ' Clsrk Supreme Court 6972. Martin Sillix vs. Mrs. W. D. Bagby and W. D. Bagby. Error from Franklin County.' DISMISSED. By the Court. Syllabus. Allen.J The amount in controvery in the district court being less than $100 and the case not fall ing within any exception contained in para graph 4642 of the general statutes ot 1889. The case is dismissed on the authority of Rich mond vs. Brummie, Kas. , All tho Justices concurring. A true copy. Attest: C.J.BROWN, seal Clerk Supreme Court In the Supreme Court ) or the State or Kansas. I, C. J. Brown, clerk of the supreme court of the state of Kansas, do horeby certify that the foregoing are true and correct copies of the syllabi of the decisions In the above entitled cases as the same appear on file in my office. Witness my hand and the seal of the supreme court, this 9th day of April. 1894. seal C. J. BROWN, Clerk Supreme Court BELLE FONT NURSERY Honey and black locust for timber claim planting In west ern Kansas. Prices: 5 to 10 inches. 11.501,000; 13 to 18 Inches, f 2.251,000; 20 to 30 Inches, 3V 1,000. We are prompt and will ship with the greatest care. Address J. E. Mellecker, Belle font, Ford county, Kansas. Ml YOU Of Vlavl the great home treatment lor women? Probably you have. Oar Health Book for mothers and daugh ters tells ail It about it Mailed free. KANSAS VIAVI COMPANY, Columbian Building, TOPJBKA, - - KANSAS. When writing advertisers mention Advocate It is the only way to set the true valne ot what you have to sell. ' It Is no longer an experiment Our shippers teatlfy to it every day, Ws RSTZS by permission to The Brad street Company; National Bank of Illinois, Chicago J Lincoln National Bank. Chicago; Ilrrt National BaoJr. ftulncy, lillnols; People'aNflt.Bnk.ttock.IjIand.lli-; . Iowa National Bank, Ottunroa, Iowa. ! 1 '