Legal Opinion

Burlington Insurance v. McLeod

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 4 opinions

Error from, Marshall District Court. On May 10, 1883, Alexander McLeod insured bis property against fire, lightning, tornadoes, cyclones and wind-storms, in The Burlington Insurance Company, to the amount of $8,115, for the term of five years, at an agreed premium of $325, to be paid by the assured.

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Error from, Marshall District Court. On May 10, 1883, Alexander McLeod insured bis property against fire, lightning, tornadoes, cyclones and wind-storms, in The Burlington Insurance Company, to the amount of $8,115, for the term of five years, at an agreed premium of $325, to be paid by the assured. Of this premium, $108.70 was paid to the company’s agent at the time of writing the applications for the insurance — two in number — and the assured gave the company his two promissory notes, each for $108.15, drawing interest at the rate of 4 per cent, per annum, due respectively “on or before”…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

*1921. Insurance u?ation’;Scanceiiation. *191The plaintiff below, Alexander McLeod, holding two insurance policies for the aggregate amount of $8,115, issued by the Burlington Insurance Company, desired to have them canceled, in accordance with a stipulation contained in each of them, which stipulation reads as follows: “ The assured may also cancel this policy by surrendering the same at any time after the premium or premium notes have been paid, the company retaining short rates and all expenses incurred in taking the risk.” The company refused…

2Cited by4 opinions

  1. Kielmann v. MoganMontana Supreme Court · 1970
  2. Maryland Casualty Co. v. Boise Street Car Co.Idaho Supreme Court · 1932
  3. Burlington Insurance v. McLeodSupreme Court of Kansas · 1888
  4. Federal Union Surety Co. v. FlemisterSupreme Court of Arkansas · 1910

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