Farmers' Alliance Insurance v. Hanks
Supreme Court of Kansas
Appeal from Rice district court. STATEMENT. The insurance company insured property of Hanks which was afterward destroyed by fire through the negligence of a railway company. Hanks settled with the railway company, receiving $3200 on account of the loss. The railway company claimed that the settlement was for the entire loss. Hanks claimed that he was to have $500, the amount of the policy of insurance, in addition to the sum of $3200 so received.
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Appeal from Rice district court. STATEMENT. The insurance company insured property of Hanks which was afterward destroyed by fire through the negligence of a railway company. Hanks settled with the railway company, receiving $3200 on account of the loss. The railway company claimed that the settlement was for the entire loss. Hanks claimed that he was to have $500, the amount of the policy of insurance, in addition to the sum of $3200 so received. The policy contained a subrogation clause. After this settlement Hanks assigned his claim against the railway company for this $500 to the…
1Opinion of the Court
The opinion of the court was delivered by
Benson,. J.:
The question tried by the jury was: whether the release pleaded contained all the terms, of the settlement, the appellee contending that it did' not; that another writing was executed with it as a. part of the agreement, whereby the right of the appellee to the insurance money was reserved to be paid *99to him in addition to the $3200. Upon this issue the jury made the findings which follow:
“Ques. Did the written contract or contracts between the A. T. & S. F. Rly. Co. and D. E. Hanks, by which the railway company settled its liability for the…
2Cases cited2 opinions
- Wilson v. . RandallNew York Court of Appeals · 1876
- Phelps & Bigelow Windmill Co. v. PiercySupreme Court of Kansas · 1889
3Cited by4 opinions
- Skinner v. SkinnerSupreme Court of Kansas · 1928
- Garden v. HainesSupreme Court of Kansas · 1944
- MacLorinan v. FinleySupreme Court of Kansas · 1927
- Lampe v. Star Lumber Co.Supreme Court of Kansas · 1916