Springfield Fire & Marine Insurance v. Payne
Supreme Court of Kansas
Error from Wyandotte District Court. Ifon. Henry L. A Iden, Judge. In 1887, Thomas J. Payne commenced, and, in 1889, completed, the erection of a fine dwelling house at Argentine. On November 8, 1888, the plaintiff in error issued a policy of fire insurance thereon for the sum of $4,000, to run for three years.
Read the full summary
Error from Wyandotte District Court. Ifon. Henry L. A Iden, Judge. In 1887, Thomas J. Payne commenced, and, in 1889, completed, the erection of a fine dwelling house at Argentine. On November 8, 1888, the plaintiff in error issued a policy of fire insurance thereon for the sum of $4,000, to run for three years. Policies were issued by three other companies aggregating $15,000. The house was destroyed by fire about 2 o’clock on Sunday morning, May 3, 1891. Within a few days after the fire, the adjusters of the several companies, or some of them, had a conference with Payne and his attorney at…
1Opinion of the CourtMartin, C. J.
1. Agreement to appraise best evidence. I. The question of a difference between the assured and the insurers as to the amount of the loss was scarcely an open one after the execution of the written agreement of June 17, 1891. That the loss was legitimate does not seem to have been disputed at any time, and the only function that appraisers or arbitrators could perform was to ascertain and fix its amount. Payne did not testify that the agents and adjusters ever agreed to pay him the full amount of of the policies, to wit, $19,000, although he says they did not question the amount of the loss.…
2Cases cited6 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
- Miller v. BrumbaughSupreme Court of Kansas · 1871
- Anderson v. Burchett & FraleySupreme Court of Kansas · 1892
- Hopkins v. St. Louis & San Francisco Railway Co.Supreme Court of Kansas · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ettus v. Orkin Exterminating Co.Supreme Court of Kansas · 1983
- Edwards v. HartshornSupreme Court of Kansas · 1905
- Coleman Co. v. International UnionSupreme Court of Kansas · 1957
- Kennedy v. TreleavenSupreme Court of Kansas · 1918
- Hollinger v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1915
11 more not listed; retrieve them via the Exa API.