Drewicki v. Fidelity & Guaranty Fire Corp. of Baltimore

The opinion of the court was delivered by

Harvey, C. J.:

This is an action on a fire insurance policy. De*11fendant denied liability upon the ground that it had never issued a policy to plaintiff and by cross petition sought to foreclose a mortgage on the property which it had paid and claimed subrogation. The case was here before (Drewicki v. Fidelity & Guaranty Fire Corp., 157 Kan. 569, 142 P. 2d 806), where the pleadings are much more fully stated and the issues to be tried were determined. A trial by jury was waived. The trial court made findings of fact and conclusions of law, denied…