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JOHNSON v. FARMERS AND BANKERS LIFE INS. CO.

No. 38,446

173 Kan. 8 (1952)

244 P.2d 199

SYDNEY R. JOHNSON, Appellant, v. THE FARMERS AND BANKERS LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1952.

Attorney(s) appearing for the Case

Paul V. Smith, of Wichita, argued the cause, and Douglas E. Shay, of Wichita, was with him on the briefs for the appellant.

J. Wirth Sargent, of Wichita, argued the cause, and W.D. Jochems, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse and S.C. Durbin, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to recover double indemnity under a policy of life insurance. The trial court sustained defendant's demurrer to the plaintiff's evidence and he appeals.

In his petition plaintiff alleged that in December, 1934, defendant issued its policy of insurance on the life of his wife Dawn M. Johnson, in the principal sum of $1,000, naming plaintiff as the beneficiary, and that a rider...

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