Legal Opinion

Rockford Insurance v. Winfield

Supreme Court of Kansas

Decided January 8, 1897No. 8983PublishedCited by 10 opinions

Error from Neosho District Court. Hon. L. Stillwell, Judge. On February 19, 1892, M. A. Winfield filed her petition against the Rockford Insurance Company to recover $2,000 and interest on a policy of insurance dated December 4, 1891, alleging the loss of the insured property by fire January 28, 1892. The property insured in favor of M. A. Winfield was thus described in the policy : "On her stock of implements, buggies, spring wagons, sewing machines, separators, steam…

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Error from Neosho District Court. Hon. L. Stillwell, Judge. On February 19, 1892, M. A. Winfield filed her petition against the Rockford Insurance Company to recover $2,000 and interest on a policy of insurance dated December 4, 1891, alleging the loss of the insured property by fire January 28, 1892. The property insured in favor of M. A. Winfield was thus described in the policy : "On her stock of implements, buggies, spring wagons, sewing machines, separators, steam engines, horse power and machine fixtures, baled broom corn, baled hay, grain and seeds of all kinds, and such other…

1Opinion of the CourtMartin, C. J.

1. Policy not binding, when. I. When the policy was written J. O. Johnston was the agent of the Insurance Company, the Cashier of the Bank of Chanute and the President of the First National Bank of Erie. The assured was indebted to these Banks in a sum exceeding the value of all the grain and seeds in store, and these were substantially covered by the warehouse receipts held by the Banks. This condition of affairs was not disclosed to the Insurance Company by its agent. So far as it related to the grain and seeds, the policy was issued for the use and benefit of these Banks. It is an…

2Cases cited3 opinions

  1. New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
  2. Zimmermann v. Dwelling-House InsuranceMichigan Supreme Court · 1896
  3. Bentley v. Columbia InsuranceNew York Supreme Court · 1855

3Cited by10 opinions

  1. Citizens State Bank v. Shawnee Fire InsuranceSupreme Court of Kansas · 1913
  2. Bank of Anderson v. Home InsuranceCalifornia Court of Appeal · 1910
  3. Arispe Mercantile Co. v. Capital InsuranceSupreme Court of Iowa · 1907
  4. Rockford Life Ins. Co. v. TschiedelCourt of Appeals of Texas · 1933
  5. Harland v. Liverpool & London & Globe InsuranceMissouri Court of Appeals · 1915

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