Evans v. Central Life Insurance
Citations
- 87 Kan. 641
- 125 P. 86
- 1912 Kan. LEXIS 207
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Insurance — Application — Misrepresentations of Soliciting Agent. One who signs an application for life insurance without reading it, upon the assurance of the soliciting agent that it conforms to representations orally made, and that such signing is customary but nob necessary, may refuse to accept a policy tendered him, on the ground that it does not meet such representations, notwithstanding the application contains a provision that no statement made by the solicitor would affect the rights of the company unless embodied in the written application.</p> <p>2. - Premium Note — Recovery. Where such applicant has been compelled to pay to an innocent holder a negotiable premium note given at the time of such application, he may recover from the company the amount so paid.</p> <p>3. Attorney’s Fee — Not Recoverable. In the absence of a statute allowing it, a successful plaintiff is not entitled to recover his attorney’s fee, even in an action for damages on account of the defendant’s fraud or malicious misconduct.</p> <p>4. -Same. A judgment purporting to be for the recovery of the plaintiff’s attorney’s fee can not be upheld on the theory that it was allowed as punitive damages, where the record shows that no issue as to the allowance, of punitive damages was presented or determined.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding Kansas has \never\ upheld an award of attorney fees in context where fees arise from the action itself, even in cases of fraud
Source: CourtListener parenthetical corpus (CC0).
Judges: Mason
Read full opinion on CourtListenerCited by
19 cases in this archive cite this case.
- Newton v. Hornblower, Inc.Supreme Court of Kansas· 1978-07-21· cited 87×
- Unnamed caseTenth Circuit· 1958-07-09· cited 45×
- Brewer v. Home-Stake Production Co.Supreme Court of Kansas· 1967-12-09· cited 32×
- Gaslight Villa, Inc. v. Governing Body, City of LansingSupreme Court of Kansas· 1974-01-26· cited 21×
- Gaylord v. State Ex Rel. Department of HighwaysSupreme Court of Oklahoma· 1975-09-30· cited 21×
- Leslie v. CarterSupreme Court of Missouri· 1916-07-05· cited 18×
- Millers' National Insurance v. Wichita Flour Mills Co.Tenth Circuit· 1958-06-09· cited 17×
- Vonachen v. Pratt Glass Co.Supreme Court of Kansas· 1952-03-08· cited 14×
- State ex rel. Mitchell v. Sage Stores Co.Supreme Court of Kansas· 1944-02-03· cited 10×
- Nicholson v. FawleySupreme Court of Kansas· 1922-11-04· cited 8×
- Ring v. Phœnix Assurance Co.Supreme Court of Kansas· 1917-04-07· cited 7×
- Zimmerman v. McMurphySupreme Court of Kansas· 1922-07-08· cited 5×
- Winkler v. Citizens State Bank of Geuda SpringsSupreme Court of Kansas· 1913-04-12· cited 4×
- Randolph Lumber Co. v. Western Silo Co.Supreme Court of Kansas· 1914-05-09· cited 4×
- Wells v. Hartford Fire InsuranceCourt of Appeals of Georgia· 1927-05-12· cited 3×
- Malet v. HaneySupreme Court of Kansas· 1916-05-06· cited 3×
- Pierce v. Liberty Life InsuranceSupreme Court of Kansas· 1926-01-09· cited 2×
- Moore v. WilsonSupreme Court of Kansas· 1915-06-12
- Savage v. TimsahSupreme Court of Kansas· 2026-05-15
Cites
5 cases in this archive are cited by this case.
- Pfiester v. Missouri State Life InsuranceSupreme Court of Kansas· 1911-06-10· cited 66×
- McCarty v. New York Life InsuranceSupreme Court of Minnesota· 1898-12-16· cited 20×
- Titus v. CorkinsSupreme Court of Arkansas· 1879-01-15· cited 15×
- McKay v. New York Life InsuranceCalifornia Supreme Court· 1899-04-13· cited 8×
- Duff & Repp Furniture Co. v. ReadSupreme Court of Kansas· 1906-12-08· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.