WESTERN FIRE INS. CO. v. PHELAN

No. 39,987

179 Kan. 327 (1956)

295 P.2d 675

THE WESTERN FIRE INSURANCE COMPANY, a Corporation, Appellee, v. ROBERT PHELAN, Appellant.

Supreme Court of Kansas.

Opinion filed April 7, 1956.


Attorney(s) appearing for the Case

Charles F. Forsyth, of Erie, argued the cause and was on the briefs for the appellant.

Glenn Jones, of Parsons, argued the cause, and Charles E. Henshall, of Chanute, was with him on the briefs for the appellee.


The opinion of the court was delivered by

THIELE, J.:

This was an action to recover under the subrogation clause of an insurance policy, and from a judgment for plaintiff, the defendant appeals.

In substance the allegations of the petition were: (1) That plaintiff was an insurance company under the laws of Kansas and defendant was a resident of Neosho county; (2) that plaintiff, on September 1, 1950, issued to defendant its policy of insurance and...

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