Fidelity Hail Insurance v. Anderson

The opinion of the court was delivered by

Parker, J.:

This is an action on a promissory note given to plaintiff by defendant for the premium on a hail insurance policy. The appeal is from an order sustaining defendant’s motion to strike the plaintiff’s second amended petition from the files.

The facts essential to disposition of the appellate issues involved are not in dispute and can be stated briefly.

Following a motion to make its petition more definite and certain plaintiff filed an amended petition. By reference a true copy of the note sued on was made a part thereof. Such pleading also…