Western Massachusetts Insurance v. Duffey
Supreme Court of Kansas
Error from Leavenworth County. The record discloses no instructions of the Court, and does not purport to give all the evidence, only such portions of it as were necessary to show the connection of that specially excepted to, and that which was so specially excepted to. This appears sufficiently full in the opinion of the Court.
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Error from Leavenworth County. The record discloses no instructions of the Court, and does not purport to give all the evidence, only such portions of it as were necessary to show the connection of that specially excepted to, and that which was so specially excepted to. This appears sufficiently full in the opinion of the Court. The amended petition is as follows: “ The plaintiff above named complaining of the said defendants, says, that the said defendants are, and on the 1st day of July 1860, were a foreign insurance company created under and by virtue of, and duly organized and…
1Opinion of the Court
By the Gowrt,
Kingman, J.
The errors alleged in this case are, that the petition does not state facts sufficient to constitute a cause of actioiq and that the verdict is against the evidence and contrary to law.
On the part of the plaintiff in error it is claimed that the petition is defective in nine distinct particulars, but as the 5th is a mere corollary from the fourth and must stand or fall with it, it is omitted ; the 6th alleged defect is omitted as it is embraced in’the 8th.
The defects alleged are as follows:
“ 1st. It. does not allege that the defendants charter authorized the company to…
2Cases cited1 opinion
- President of the Bank of Utica v. SmalleyNew York Supreme Court · 1824
3Cited by16 opinions
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- Stewart v. BalderstonSupreme Court of Kansas · 1872
- Hannibal & St. Joseph Railroad v. FoxSupreme Court of Kansas · 1884
- Summers v. Mutual Life Insurance Co. of New YorkWyoming Supreme Court · 1904
- Bowersox v. J. W. Hall & Co.Supreme Court of Kansas · 1906
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