Continental Insurance v. Pearce
Supreme Court of Kansas
Error from Lyon District Court. Action by Pearce against the Insurance Company, to recover upon a policy issued by defendant to plaintiff. The petition stated three causes of action, as follows: First, for $1,000 insurance on plaintiff’s house; second, for $228.25 on personal property belonging to plaintiff; and third, for $256.50 on personal property owned by Geo. H. Edwards. Trial at the January term, 1886. The plaintiff dismissed the second and third causes of action.
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Error from Lyon District Court. Action by Pearce against the Insurance Company, to recover upon a policy issued by defendant to plaintiff. The petition stated three causes of action, as follows: First, for $1,000 insurance on plaintiff’s house; second, for $228.25 on personal property belonging to plaintiff; and third, for $256.50 on personal property owned by Geo. H. Edwards. Trial at the January term, 1886. The plaintiff dismissed the second and third causes of action. On the first cause of action the jury found for the plaintiff, and assessed his damages at $1,000; new trial denied…
1Opinion of the Court
Opinion by
Holt, C.:
Defendant in error, as plaintiff, commenced his action in the Lyon district court, to recover the sum of $1,484.75. His petition contained three.counts, but we have only the first one under consideration. In it he averred that defendant had issued to him a policy insuring him against loss by fire on a dwelling house, its contents, and a barn, and that they were accidentally destroyed by fire. The defendant in its answer alleged that the policy of insurance was issued upon plaintiff’s application, which was false in its statements and representations, and which he made for…
2Cases cited23 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
18 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Pfiester v. Missouri State Life InsuranceSupreme Court of Kansas · 1911
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- Security Ins. Co. of New Haven v. CameronSupreme Court of Oklahoma · 1922
- McElroy v. British America Assur. Co. of TorontoCourt of Appeals for the Ninth Circuit · 1899
- Rogers v. Phenix InsuranceIndiana Supreme Court · 1890
29 more not listed; retrieve them via the Exa API.