Ocean Accident & Guarantee Corp. v. Emporia Telephone Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action to recover the earned premium on .an insurance policy canceled within the term for which it was written. Defendant, contending it had paid for the- full term, sought, by cross petition, to recover the unearned portion of the premium. Trial was to the court upon an agreed statement of facts. Judgment was for defendant, as prayed, and plaintiff has appealed.

The petition, aside from formal matters, alleged that at the special instance and request of defendant plaintiff executed and delivered to defendant a certain policy of…