Farmers & Bankers Life Insurance v. Whitney

The opinion of the court was delivered by

Mason, J.:

The Farmers and Bankers Life Insurance Company sued -W. R. Whitney upon several promissory notes executed by him. He filed a second amended answer and cross-petition, to which the plaintiff demurred. This appeal is taken from the overruling of the demurrer. A former judgment was reversed on account of the erroneous admission of evidence. (Insurance Co. v. Whitney, 105 Kan. 237, 182 Pac. 645.)

1. The allegations of the pleading attacked may be thus summarized: The defendant was the general agent for the plaintiff in certain territory and was…