Moore v. Life & Annuity Ass'n

The opinion of the court was delivered by

Porter, J.:

This is an action to recover damages for the alleged breach of a contract of insurance. The trial court sustained a demurrer to the evidence and rendered judgment for defendant, from which the plaintiffs appealed.

The judgment was reversed and a new trial ordered. (Moore v. Annuity Association, 93 Kan. 398.) A rehearing was granted when it was found that the former opinion was based to some extent upon a misapprehension of one of the facts. It was stated in the opinion and in the syllabus that the plaintiffs, prior to beginning the action,…