Kansas Amusement Co. v. Maryland Casualty Co.

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought by the Kansas Amusement Company against the Maryland Casualty Company upon a policy insuring against burglary and larceny. The case was disposed of upon a demurrer to the petition in which the demurrer was overruled and of this ruling defendant complains.

It was alleged that the plaintiff was operating the Novelty Theater where performances were given nightly. That the money derived from the sale of tickets was immediately transferred by mes*801senger from the theater to the office of the plaintiff, where there was…