James v. Metropolitan Life Insurance

OPINION ON REHEARING

The opinion of the court was delivered by

Allen, J.:

The motion of defendant for a rehearing in this case was granted. (For original opinion see James v. Metropolitan Life Ins. Co., 155 Kan. 377, 125 P. 2d 369.) Supplemental briefs have been filed and the case has been reargued.

The abstract recites: “At the close of the opening statements, the plaintiff moved for judgment on the pleadings and opening statements.” The motion was sustained.

Pertinent portions of defendant’s answer are set forth in the original opinion. We quote part of defendant’s opening statement:

*9“The policy…