Kansas Farmers' Fire Insurance v. Saindon
Supreme Court of Kansas
Error from Cloud District Court. This action was commenced by Ben. Saindon against the Kansas Farmers’ Fire Insurance Company, upon an insurance policy dated the 1st day of April, 1887, for damage sustained by reason of a fire which occurred November 6, 1888, and during the term of the policy.
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Error from Cloud District Court. This action was commenced by Ben. Saindon against the Kansas Farmers’ Fire Insurance Company, upon an insurance policy dated the 1st day of April, 1887, for damage sustained by reason of a fire which occurred November 6, 1888, and during the term of the policy. Among other things contained in the petition was the following: “And plaintiff further says, that said defendant, at the time it issued said policy of insurance to the plaintiff, did not properly describe the real estate on which said dwelling house was situated, and that the answers to certain…
1Opinion of the Court
The opinion of the court was delivered by
HcxrtoN, C. J.:
The insurance company moved to require plaintiff below to make his petition more definite and certain, by stating specifically what answers to questions in the application, which had been transcribed on the policy, were false and not his own answers. This motion the court denied.
I. It is doubtful whether the exception of the company can be considered, because the petition in error does not specially assign this ruling as error; but, if it were considered, the reply subsequently filed cured the indefinite or defective allegations of the…
2Cases cited6 opinions
- American Central Ins. v. McLanathanSupreme Court of Kansas · 1873
- Sullivan v. Phenix InsuranceSupreme Court of Kansas · 1885
- Babcock v. D. Deford & Co.Supreme Court of Kansas · 1875
- Russell v. Cedar Rapids Ins.Supreme Court of Iowa · 1887
- McArthur v. Home Life Ass'nSupreme Court of Iowa · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wagner v. National Fire Ins.Ohio Supreme Court · 1937
- Hartford Fire Insurance v. Liddell Co.Supreme Court of Georgia · 1908
- Summers v. AlexanderSupreme Court of Oklahoma · 1911
- Thielbar Realties, Inc. v. National Union Fire InsuranceMontana Supreme Court · 1932
- French v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1915
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