German Insurance v. Smelker
Supreme Court of Kansas
Error from Crawford District Court. Action brought by the defendants in error against the plaintiffs in error, to discharge a mortgage made by the defendants in error in favor of Angelí Matthewson, and assigned to the plaintiff in error,. Hoffman.
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Error from Crawford District Court. Action brought by the defendants in error against the plaintiffs in error, to discharge a mortgage made by the defendants in error in favor of Angelí Matthewson, and assigned to the plaintiff in error,. Hoffman. The facts are as follows : On the 23d day of August, 1883, the defendants in error procured of the German Insurance Company, of Freeport, 111., a policy of insurance on certain property in Pittsburg, Kansas, to secure the sum of $400. On the premises insured was a mortgage in favor of Angelí Matthewson, trustee, to secure a note of seven hundred…
1Opinion of the Court
Opinion by
Simpson, C.:
The special findings of the jury are conclusive here. This has been expressed so often that its repetition has become wearisome, and hence, the only ques*287tion we shall consider is, whether they authorized the judgment rendered. They are in substance, that the policy in case of loss was to be paid to Matthewson as trustee; that he had received from other insurance companies and from the plaintiffs a sufficient amount of money to pay the loan secured by the mortgage; that the German Insurance Company paid the amount of money due by the adjustment for the loss on the policy…
2Cited by5 opinions
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- Dunn v. United StatesSupreme Court of the United States · 1932
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