Sullivan v. Phenix Insurance
Supreme Court of Kansas
Error from Atchison District Court. Action by Sullivan against The Phenix Insurance Company of Brooklyn, to recover $600, with interest, upon a certain policy of insurance. Trial at the February Term, 1884. After the evidence on behalf of both parties had been submitted, the court directed the jury to find against the plaintiff; verdict and judgment accordingly. Sullivan brings the case here. The opinion states the material facts.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
On December 23, 1881, the Phenix Insurance Company of Brooklyn issued a policy of insurance by which the plaintiff was insured against loss by fire for a term of three years on a dwelling house together with the furniture therein. The policy contained a stipulation that the written application of the assured should be considered a part of the policy, and a warranty upon his pai’t that the property insured was in the condition he represented it to be, and that if there was any false representation made by the assured with regard to the…
2Cases cited17 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Pfiester v. Missouri State Life InsuranceSupreme Court of Kansas · 1911
- Security Ins. Co. of New Haven v. CameronSupreme Court of Oklahoma · 1922
- German Insurance v. GraySupreme Court of Kansas · 1890
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
28 more not listed; retrieve them via the Exa API.