Kansas Insurance v. Berry
Supreme Court of Kansas
Error from Leavewworth District Gowrt. Action upon two policies of insurance, brought by Christian Berry and Magdalena Berry, his wife, against the Mansas Ins. Go., of Leavenworth. The Inswra/nce Go., in June, 1868, issued a policy to plaintiffs for the sum of $1,600 upon two store houses situate in the town of Tonganoxie; and in August following they issued a second policy to same parties in the sum of $1,500 upon a stock of goods in one of said stores.
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Error from Leavewworth District Gowrt. Action upon two policies of insurance, brought by Christian Berry and Magdalena Berry, his wife, against the Mansas Ins. Go., of Leavenworth. The Inswra/nce Go., in June, 1868, issued a policy to plaintiffs for the sum of $1,600 upon two store houses situate in the town of Tonganoxie; and in August following they issued a second policy to same parties in the sum of $1,500 upon a stock of goods in one of said stores. Each policy was issued upon a written application and survey, signed by both the Berrys, in which the subject of insurance is represented as…
1Opinion of the Court
The opinion of the court was delivered by
Kihgman, C. J.:
This is a proceeding in error to reverse a judgment by which Christian Berry and Magdalena Berry recovered of the plaintiffs in error $2,977 for loss sustained by reason of a fire which destroyed two buildings and a stock of groceries which the plaintiffs in error had insured as the property of the Berrys.
settled questions. This court has repeatedly decided that where questions of fact are submitted to a jury with proper instructions and upon conflicting evidence, that we would not disturb the verdict because of a mere preponderance of…
Also in this document: Concurrence.
2Cases cited1 opinion
- Fowler v. New York Indemnity InsuranceNew York Supreme Court · 1856
3Cited by12 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Shepard v. PrattSupreme Court of Kansas · 1876
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Blackburn v. St. Paul Fire & Marine InsuranceSupreme Court of North Carolina · 1895
- Skaer v. American National BankSupreme Court of Kansas · 1928
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