Mathews v. Union Central Life Insurance

The opinion of the court was delivered by

Marshall, J.:

The plaintiff seeks to recover damages from the defendant for its failure to release a real-estate mortgage. Judgment was rendered in favor of the defendant on a demurrer to the evidence of the plaintiff. The plaintiff appeals.

This is the second time this action has been before this court. (Mathews v. Insurance Co., 104 Kan. 254, 178 Pac. 609.) In the former appeal a demurrer to the plaintiff’s petition had been sustained. The plaintiff appealed, and the judgment was reversed. We quote from that opinion:

“The petition alleged that the…