Ellis v. Home Insurance

Citations

• 108 Kan. 467
• 196 P. 598
• 1921 Kan. LEXIS 197

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — boss While Deed is in Escrow — Vendor May Recover Loss. Before the loss occurred, the owner of the property insured made an oral agreement for its sale and placed in escrow the policy assigned and a deed to be delivered on payment of the balance of the purchase price. The papers so deposited were not delivered until several weeks after the loss occurred. Held, that the owner had not transferred his title to or his interest in the property or the policy.</p> <p>2. Same — Mortgage on Property Partly PaAd — Judgment for Plaintiff for Entire Loss — Demurrer to Supplemental Reply. In an action on the policy a mortgagee was made a party defendant but made default. Judgment was entered for the plaintiff for the conceded amount of the loss. The plaintiff, having shown 'that the party who had bargained for the land had paid two-thirds of the mortgage and was able, ready and willing to pay the remainder at any time, filed a supplemental reply averring that since filing his last pleading this same person had paid the mortgage in full and it had been released. A demurrer to this supplemental reply was sustained. Held, that while no sufficient reason for this ruling appears, no substantial injury was caused thereby, and hence no material error was committed.</p>