Kennedy v. Mennonite Mutual Fire Insurance

*599The opinion of the court was delivered by

Mason, J.:

David Kennedy brought an action upon a policy issued by the Mennonite Mutual Fire Insurance Company of Kansas. Payment was resisted upon the ground that the insured afterwards procured other insurance without the knowledge or consent of the insurer, and that this avoided the policy. The court directed a verdict for the defendant, and the plaintiff appeals.

The taking out -of the other insurance is not disputed. A by-law of the company provided that such act should avoid the policy. The plaintiff contends that this provision was not binding on…