Shawnee Fire-insurance v. Knerr

The opinion of the court was delivered by

Greene, J.:

On the 7th day of October, 1903, Mrs. E. I. Knerr, being the owner of a general stock of merchandise contained in a building situated in Manchester, Kan., procured a policy of insurance in the Shawnee Fire-insurance Company, of Topeka, Kan., on the stock in the sum of $2000. On the night of February 2, or the morning of February 3, 1904, the stock was totally destroyed by fire. The company paid the plaintiff $1500 by way of settlement. This *386action was brought to recover the remaining $500 of the policy, on the ground that the settlement was…