Spencer v. Kansas Casualty & Surety Co.

The opinion of the court was delivered by

Marshall, J.:

On May 8,1922, the plaintiff brought this suit on two causes of action: the first to recover in a lump sum damages sustained by him on account of the defendant’s failure and refusal to continue the payment, under an accident insurance policy, of a weekly indemnity due the plaintiff for permanent injury and disability ; and the second to recover ten weekly payments which had accrued at the time the action was commenced. Judgment was rendered for the plaintiff on both causes of action, and the defendants appeal.

The plaintiff introduced…