Insurance Co. of North America v. Baer

The opinion of the court was delivered by

Marshall, J.:

This is an action brought by an insurance company against its agent, to recover damages sustained by reason of the agent’s issuing an insurance policy in violation of instructions given by the company to the agent. Judgment was rendered in favor of the defendant. The plaintiff appeals.

*778The plaintiff alleges that it is a corporation. The defendant for his answer files a general denial, alleges affirmative matter, and verifies the answer, as follows:

“State of Kansas, Marshall Co., ss.

“Joe Baer, being first duly sworn upon his oath, says that…