FERRELLGAS CORPORATION v. PHOENIX INS. CO.

No. 41,960

187 Kan. 530 (1961)

358 P.2d 786

A.C. FERRELLGAS CORPORATION, INC., a Corporation, Appellee, v. THE PHOENIX INSURANCE COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1961.


Attorney(s) appearing for the Case

Joseph R. Hogsett and Thad C. McCanse, both of Kansas City, Missouri, argued the cause, and John S. May, of Atchison, was with them on the briefs for appellant.

Steadman Ball and Maurice P. O'Keefe, Sr., both of Atchison, argued the cause, and J.W. Lowry, William E. Stillings, Robert D. Caplinger, Karl W. Root, Dolan McKelvy, Maurice P. O'Keefe, Jr., and Terence D. O'Keefe, all of Atchison, were with them on the briefs for the appellee.


The opinion of the court was delivered by

JACKSON, J.:

The appellee sued the appellant on a policy of insurance alleging that the building which had been insured by the policy had been destroyed by wind and that the defendant refused to pay for the damage as it had agreed to do in the policy. The case was tried to a jury which returned a verdict in plaintiff's favor in the sum of $3,600. The verdict was approved by the trial court and judgment entered. The...

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