Continental Insurance v. Ward
Supreme Court of Kansas
Fh'ror from Frcmklin District Court. Action by Ward against the Continental Insurance Company, of the city of New York, on a fire-insurance policy. Judgment for plaintiff, at the October term, 1889. Defendant Company brings error. The facts appear in the opinion. The court, in its charge to the jury, made a new contract for Ward, better than he made for himself.
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Fh'ror from Frcmklin District Court. Action by Ward against the Continental Insurance Company, of the city of New York, on a fire-insurance policy. Judgment for plaintiff, at the October term, 1889. Defendant Company brings error. The facts appear in the opinion. The court, in its charge to the jury, made a new contract for Ward, better than he made for himself. He agreed that, if he made any false statement, the whole policy should be void; the court, nevertheless, reduced that agreement merely to this—that in such case the policy should be void in part only. The court, to say the least,…
1Opinion of the Court
Opinion by
Green, C.:
This was an action instituted by Dennis Ward in the district court of Franklin county, upon a policy of insurance against fire issued by the Continental Insurance Company, of New York, for $2,500, distributed as follows: $150 on barn No. 1; $200 on wagons, buggies, harness, robes, and saddles, while on premises of assured; $300 on stallion “Bashaw;” $300 on a jack, and $1,300 on horses, mules, and colts; $250 on cattle, while in barn and on the farm, and against lightning on or off the premises. The fire destroyed barn No. 1, the stallion, jack, and some other personal…
2Cases cited3 opinions
- Esch Bros. v. Home InsuranceSupreme Court of Iowa · 1889
- German Insurance v. YorkSupreme Court of Kansas · 1892
- National Mutual Fire Insurance v. BarnesSupreme Court of Kansas · 1889
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- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Citizens State Bank v. Shawnee Fire InsuranceSupreme Court of Kansas · 1913
- Fort Scott Building & Loan Ass'n v. Palatine InsuranceSupreme Court of Kansas · 1906
- Dodge v. Hamburg-Bremen Fire InsuranceCourt of Appeals of Kansas · 1896
- Prudential Insurance v. German Mutual Life Insurance Ass'nMissouri Court of Appeals · 1933
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