Continental Insurance v. Daly
Supreme Court of Kansas
Error from Bourbon District, Court. Action upon a policy of insurance. On December 14,1882, The Continental Insurance Company, of New York city, insured J. L. Daly against loss or damage to a dwelling house, together with 'the furniture and bedding therein, on account of. fire and lightning, in a sum not- exceeding seven hundred dollars.
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Error from Bourbon District, Court. Action upon a policy of insurance. On December 14,1882, The Continental Insurance Company, of New York city, insured J. L. Daly against loss or damage to a dwelling house, together with 'the furniture and bedding therein, on account of. fire and lightning, in a sum not- exceeding seven hundred dollars. The term of the policy was five years, and the premium thereon was fourteen dollars, which was not paid in cash, but a note was given therefor, due December 1,1883, and bearing interest at the rate of seven per cent, per annum. The dwelling house was occupied…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
It is agreed that the only consideration for the insurance policy in suit was the premium note of fourteen dollars. In the policy, as well as in the note, it was expressly stipulated that a non-payment of the premium note at maturity would render the policy void, and that the insurance company should not be liable for any loss occurring during the continuance of such default. The note had been due and unpaid for twenty days prior to the happening of the fire which destroyed the property insured, and payment had not been made at the…
2Cases cited12 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Beebe v. JohnsonNew York Supreme Court · 1838
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eikelberger v. Insurance Co. of North AmericaSupreme Court of Kansas · 1919
- Gants v. National Fire InsuranceSupreme Court of Kansas · 1929
- Armstrong-Turner Millinery Co. v. RoundSupreme Court of Kansas · 1920
- Tally v. PalmerSupreme Court of Kansas · 1922
- Spencer v. BarkerSupreme Court of Kansas · 1915
3 more not listed; retrieve them via the Exa API.