Cless v. Republic Casualty & Surety Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action on a policy of insurance on an automobile against loss by fire. The defense was that specific terms and conditions of the policy had been violated, by reason whereof the policy was void. The case was fried to the court, judgment was for plaintiff, and defendant has appealed.

The material facts necessary to be considered are as follows: S. L. Potter was the agent at Wamego, Kan., of the Illinois Indemnity Company, defendant’s predecessor. He and two others were partners doing business under the name of the Kansas Investment…