Kordis v. Auto Owners Insurance

Plaintiff’s suit is for damages alleged to have been sustained by him in consequence of fraud and deceit practiced upon plaintiff by defendant through its agent, W. J. Faught. Defendant made a motion “to dismiss plaintiff’s second amended declaration.” After hearing this motion it was granted by the trial court on the ground “that said amended declaration does not state a cause of action.” Judgment was entered1 accordingly, and plaintiff has appealed. In this type of appeal the allegations of the declaration must be accepted as true; and decision turns upon whether plaintiff in his…