Carver v. Kansas Fraternal Citizens

Citations

• 103 Kan. 824
• 176 P. 634
• 1918 Kan. LEXIS 394

Syllabus

<p>SYLLABUS BY THE COUfer.</p> <p>1. Beneficiary Insurance — Compromise and Settlement Procured by Fraud. The plaintiff commenced this action to recover $1,000 on a • beneficiary certificate calling for $2,000. The other $1,000 had been paid under a compromise and settlement which, the plaintiff alleged, had been procured by the fraud of the defendant. Evidence was introduced on that question. Held, that the evidence was sufficient to support the jury’s finding that the compromise and settlement had been procured by fraudulent representations.</p> <p>2. Same — Amount Received! on Fraudulent Settlement — No Tender Back Necessary. In order to recover the remainder of the amount named in a beneficiary certificate, after a part has been paid under a compromise and settlement, it is not necessary to tender back or offer to return the amount received.</p> <p>3. Samp — Evidence Not Prejudicial. Certain evidence introduced was hardly material, but it cannot be said that its admission was prejudicial.</p> <p>4. Same — Refusal to Give Requested Instructions■ — No Error. The complaint concerning the refusal of the court to give specially requested instructions is without foundation, for the reason that they were, in substance, given in the general instructions.</p> <p>5. Same — Good FaAth of Applicant for Membership. Under the circumstances disclosed by the evidence, it was proper to give an instruction involving the good faith of the applicant in his answers to questions contained in his application for a beneficiary certificate.</p> <p>6. Same — Instructions as to Compromise and Settlement. It was not error to instruct the jury that the law favors a compromise and settlement where no fraud or deception is practiced and the compromise and settlement is understood and is freely and voluntarily made.</p> <p>7. Same — Instruction. The use of the word “alone” in one of the instructions does not appear to have been erroneous.</p>