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IOWA HARDWARE MUTUAL INS. CO. v. BURGEN

No. 39,809

178 Kan. 557 (1955)

290 P.2d 1034

IOWA HARDWARE MUTUAL INSURANCE COMPANY, Appellee, v. WALTER S. BURGEN and MARY ELLEN BURGEN, his wife, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1955.

Attorney(s) appearing for the Case

Harold E. Doherty, of Topeka, argued the cause and G. Clay Baker and Ernest J. Rice, both of Topeka, were with him on the briefs for the appellants.

Howard A. Jones, of Topeka, argued the cause and Charles L. Davis, Jr., and William E. Haney, both of Topeka, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action to cancel an automobile insurance policy. Judgment was for the plaintiff. Defendants have appealed.

The action was commenced on December 5, 1953. After the formal identification of the parties, the amended petition alleged that on October 18, 1953, defendants applied for and plaintiff issued a standard insurance policy on an automobile; that the issuance of the policy was procured...

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