State Life-Insurance v. Johnson
Supreme Court of Kansas
Error from Jefferson district court; Cyrus F. Hurrel, judge. STATEMENT. Defendant in error sued the plaintiff in error in the district court of Jefferson county to recover $132.12 paid by him to it on a contract of insurance, which he claimed was procured through fraudulent representations. Judgment was rendered for the full amount claimed by the plaintiff, and the insurance company brings the case here for review.
1Opinion of the Court
*568The opinion of the court was delivered by
Smith, J.:
The first error complained of is the overruling of the demurrer filed by the insurance company to the amended petition. As the principal ground therefor the company claims that the representations alleged to have been falsely made by the insurance company’s agent were so palpably unreasonable that they were not likely to deceive, and hence the allegation that the plaintiff did rely upon the same is not admitted by the demurrer. The general rule is that a demurrer to a pleading admits, for the purposes of the hearing thereof, the truth of the…
2Cited by7 opinions
- Shook v. Puritan Manufacturing Co.Supreme Court of Kansas · 1907
- Penrose v. CooperSupreme Court of Kansas · 1912
- Brenard Manufacturing Co. v. ScrantonSupreme Court of Kansas · 1924
- Gale Manufacturing Co. v. KingSupreme Court of Kansas · 1919
- Logan v. CollinsonSupreme Court of Kansas · 1923
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