American Central Ins. v. McLanathan
Supreme Court of Kansas
Error from Leavenworth District Cov/rt. Action by McLanathan on a policy of insurance, to recover for damages sustained by fire, and by reason of exposure of property subsequent to the fire. The action was tried at the September Term 1872. Verdict and judgment for the plaintiff, and the Insurance Company brings the case here on error.
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Error from Leavenworth District Cov/rt. Action by McLanathan on a policy of insurance, to recover for damages sustained by fire, and by reason of exposure of property subsequent to the fire. The action was tried at the September Term 1872. Verdict and judgment for the plaintiff, and the Insurance Company brings the case here on error. The special verdict (which is a full statement of the facts) is copied in full in the opinion, infra; and the opinion also contains a statement of the substance of the pleadings. 1. The policy sued on is void. The description of the property is repugnant and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Statement of case. On the 23d of October, 1871, plaintiff in error insured McLanathan against loss or damage by fire to the amount of $2,000, on property described in a policy then issued to him as “his two-story frame dwelling, occupied by him, situate southwest corner Second and Nine streets, Leavenworth, Kansas, and $300 on frame barn in rear of same.” On the 24th of April,' 1872, McLanathan commenced an action in the district court of Leavenworth county against said company, and in his petition in substance claimed that on ^e ^9th of…
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