Legal Opinion
Kansas Protective Union v. Whitt
Supreme Court of Kansas
Decided January 15, 1887PublishedCited by 18 opinions
Error from Rice District Court. Action brought by Ellen Whitt, widow of Andrew Whitt, deceased, and the seven minor children of said decedent., against The Kansas Protective Union, to recover $2,000 and interest upon a certain policy issued by the defendant. Trial by jury at the May Term, 1885, aud verdict for the plaintiffs for $2,000, principal, and $43.32, interest. New trial denied, and j udgment accordingly for the plaintiffs. The defendant brings the case here.
1Opinion of the Court
Opinion by
Clogston, C.:
The policy, the foundation of this controversy, contains the following undertaking on the part of the company:
“The said union does hereby promise and agree to pay . . . the sum of two thousand dollars, to Ellen Whitt (wife), or her executors, administrators, or assignees, within sixty days from the close of the quarter in which satisfactory proofs of the death, during the continuance of this certificate, of the above-named member are received. It is provided, however, that the sum thus to be paid is conditioned upon assessments made therefor, and shall in no case exceed…
2Cases cited3 opinions
- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
- McBride v. Republic Fire Ins.Wisconsin Supreme Court · 1872
- Donahue v. Windsor County M. Fire Ins.Supreme Court of Vermont · 1883
3Cited by18 opinions
- Arnold v. Empire Mutual Annuity & Life InsuranceCourt of Appeals of Georgia · 1908
- Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Omaha Fire Insurance v. Dierks & WhiteNebraska Supreme Court · 1895
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