Cottom v. National Fire Insurance

Citations

• 65 Kan. 511
• 70 P. 357
• 1902 Kan. LEXIS 83

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Forfeiture by Change of Title. A forfeiture of an insurance policy occasioned by a change of title of the insured property, violative of the terms of the policy, is not waived by the payment of a portion of the'insurance money to a mortgagee, where it is not shown that such payment was made with knowledge of the existence of the facts constituting the forfeiture.</p> <p>2 -Burden of Proof. The burden of proving the matters constituting an avoidance, as contained in the reply of the plaintiff, rests upon plaintiff, and when he fails so to do a demurrer to his evidence is properly sustained. The case of Meeh v. Pail-way Co., 61 Kan. 630, 60 Pac. 319, cited and followed. ‘</p>