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REDMAN v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 41,057

183 Kan. 449 (1958)

327 P.2d 854

ADOLF REDMAN, Appellant, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION, a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed July 7, 1958.

Attorney(s) appearing for the Case

Joseph P. Jenkins, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider, John E. Shamberg, Albert M. Ross, and Thomas H. Finigan all of Kansas City, were with him on the briefs for the appellant.

Robert H. Bingham, of Kansas City, and Henry G. Eager, of Kansas City, Missouri, argued the cause, and John C. Thurlo, of Kansas City, Missouri, and J.J. Freeman, of Omaha, Nebraska, of Counsel, were with them on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This was an action for specific performance of an alleged contract to issue a health and accident insurance policy and to recover a money judgment in accord with the terms of such policy for a sustained disability. After a full and complete trial by the court judgment was rendered for the defendant and the plaintiff appealed.

The pleadings are not in controversy and, for that reason, allegations...

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