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FIDELITY HAIL INS. CO. v. ANDERSON

No. 38,472

172 Kan. 253 (1952)

239 P.2d 830

THE FIDELITY HAIL INSURANCE COMPANY, a Corporation, Appellant, v. VICTOR ANDERSON, Appellee.

Supreme Court of Kansas.

Opinion filed January 26, 1952.

Attorney(s) appearing for the Case

Ray C. Sloan, of Hoxie, and F.C. Norton, of Salina, were on the briefs for the appellant.

W.H. Clark, and Kenneth Clark, both of Hoxie, and Marion W. Chipman, of Hill City, were on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is an action on a promissory note given to plaintiff by defendant for the premium on a hail insurance policy. The appeal is from an order sustaining defendant's motion to strike the plaintiff's second amended petition from the files.

The facts essential to disposition of the appellate issues involved are not in dispute and can be stated briefly.

Following a motion to make its petition...

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