Amusement Syndicate Co. v. Prussian National Insurance
Supreme Court of Kansas
Appeal from Shawnee district court. STATEMENT. The statute allowing attorneys’ fees, the substance of which is .stated in the opinion, is here given in full. The words in brackets were used in the act of 1893 (Laws 1893, ch. 102), but omitted at the time of the amendment in 1897 (Laws 1897, ch. 142) ; the new matter which was then added is printed in italics.
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Appeal from Shawnee district court. STATEMENT. The statute allowing attorneys’ fees, the substance of which is .stated in the opinion, is here given in full. The words in brackets were used in the act of 1893 (Laws 1893, ch. 102), but omitted at the time of the amendment in 1897 (Laws 1897, ch. 142) ; the new matter which was then added is printed in italics. “Section 1. Whenever any policy of insurance shall be written to insure any improvements upon real property in this state against loss by fire, tornado or lightning, and the property insured shall be wholly destroyed, without criminal…
1Opinion of the Court
The opinion of the court was delivered by
Mason, J.:
The plaintiffs recovered a judgment upon two fire insurance policies, and the defendants appeal. *370The policies were substantially alike, and the clauses fixing the measure of liability read as follows:
“In case the above-named building or any part thereof shall be rendered untenantable by fire, this company shall be liable to the insured for the actual loss of rent ensuing therefrom. . . . The assured agreeing to rebuild or repair said premises in as short a time as the nature of the case will admit, loss to be computed from the date of the…
2Cases cited8 opinions
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Lesure Lumber Co. v. Mutual Fire InsuranceSupreme Court of Iowa · 1897
- Kahnweiler v. Phenix Ins. Co. of BrooklynCourt of Appeals for the Eighth Circuit · 1895
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Continental Insurance v. Vallandingham & GentryCourt of Appeals of Kentucky · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Congress Bar & Restaurant, Inc. v. Transamerica InsuranceWisconsin Supreme Court · 1969
- Friday v. Trinity Universal of KansasSupreme Court of Kansas · 1997
- Aetna Insurance Co. v. MartinCourt of Appeals of Georgia · 1941
- Amusement Syndicate Co. v. Milwaukee Mechanics InsuranceSupreme Court of Kansas · 1913
- Friday v. Trinity Universal of KansasCourt of Appeals of Kansas · 1996
7 more not listed; retrieve them via the Exa API.