BROWN v. GREAT AMERICAN INS. CO.

No. 38,049

170 Kan. 281 (1950)

224 P.2d 989

B.M. BROWN, Appellant, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1950.


Attorney(s) appearing for the Case

Patrick J. Warnick, of Wichita, argued the cause, and Alan B. Phares and Clyde M. Simon, both of Wichita, were with him on the briefs for the appellant.

John E. Boyer, of Wichita, argued the cause, and George J. Hondros, Paul J. Donaldson, Harold T. Beck and Montell L. Dunn, all of Wichita, were with him on the briefs for the appellee.


The opinion of the court was delivered by

THIELE, J.:

This is an appeal from the ruling of the trial court sustaining the defendant's demurrer to the plaintiff's evidence.

At some undisclosed date, but subsequent to March, 1949, the plaintiff commenced his action against the defendant, alleging that defendant had issued its policy of insurance insuring a certain automobile owned by the plaintiff against loss by theft and that on March 3, 1948, while...

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