Ogallah Elevator Co. v. Harrison

Citations

• 97 Kan. 289
• 154 P. 1016
• 1916 Kan. LEXIS 284

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Servant Engaged in Outside Business — Master no Claim to Earnings. The rule that a servant must account to his master for earnings received from outside employment ordinarily relates to employment in the same kind of business in which his. master is engaged and does not relate to the servant’s earnings in another kind of business in which his master is not interested and which is not inimical or prejudicial to his master’s business.</p> <p>2. Same. The plaintiff employed the defendant to manage its business of buying and selling grain and coal and to keep open during business hours its offices and warehouses and to keep its books and accounts. The defendant with the knowledge and acquiescence' of plaintiff undertook for another employer the business of selling flour, a business which the plaintiff had considered and decided not to engage in. No complaint was made that the defendant neglected plaintiff’s business on account of the other employment. Held, that the defendant’s earnings in the sale of flour are his own property and the plaintiff has no legal claim thereto.</p> <p>3. Manager op Corporation — Not a Guarantor of Credits Extended. Ordinarily a manager of a business is not a guarantor of its credits extended nor an insurer against mistakes, and in the absence of negligence, he is not personally liable for an uncollectible debt.</p> <p>4. Same — Use of Company’s Seales — No Cause of Action Proven. Where an elevator company lays claim to moneys earned and collected by its manager for the use of its scales, and the jury finds that the amount collected was somewhere between $12 and $30, and that the manager paid out between $10 and $25 for help in operating the scales, and that the manager retained no part of the earnings to his own use, the plaintiff fails to establish its cause of action.</p> <p>5. Trial — Incompetent Evidence — When Not Prejudicial. Prejudicial error can not be based upon the admission