PHOENIX INDEMNITY CO. v. ZINN

No. 39,668

177 Kan. 689 (1955)

281 P.2d 1065

THE PHOENIX INDEMNITY COMPANY, a Corporation, Appellant, v. WILLIAM S. ZINN, Appellee.

Supreme Court of Kansas.

Opinion filed April 9, 1955.


Attorney(s) appearing for the Case

George V. Allen, of Lawrence, argued the cause and was on the briefs for the appellant.

W.C. Jones, of Olathe, argued the cause and was on the briefs for the appellee.


The opinion of the court was delivered by

ROBB, J.:

This appeal was taken from a judgment in favor of appellee on a counterclaim in what was originally a declaratory judgment action filed by appellant to determine the liability under a policy of insurance on a truck.

William S. Zinn, a married man, purchased a 1951 Chevrolet truck to use in his business. He borrowed $3,100 from his father-in-law, Fred J. Walker, and executed a note with a mortgage...

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