Moore v. Life & Annuity Ass'n

The opinion of the court was delivered by

Smith, J.:

On August 19, 1913, the plaintiffs commenced this action in the district court of McPherson county against the Life and Annuity Association.

The petition alleged the incorporation of the defendant under the laws of the state of Kansas in 1896; that *399on April 9, 1900, the defendant executed and delivered to plaintiffs a certain insurance policy or beneficiary certificate of that date; that by the terms of such certificate the defendant contracted to pay $1000 to the survivor at the death of either of the plaintiffs; that the plaintiffs should…