Hosmer v. Mutual Reserve Insurance

The opinion of the court was delivered by

Harvey, J.:

This is an action for money advanced to a mutual fire insurance company to enable it to pay promptly a fire loss. The only question presented on this appeal is whether the judgment should have been restricted to be paid out of its surplus only. The trial court found the facts as follows:

“That the defendant is a mutual insurance company incorporated and existing under and by virtue of article 12 of the insurance code of the state of Kansas; that from March, 1930, to April, 1931, the plaintiff, A. E. Hosmer, was qualified and acting president…