Hartford Fire Insurance v. Warbritton

Citations

• 66 Kan. 93
• 71 P. 278
• 1903 Kan. LEXIS 10

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Amendment upon Appeal from Justice. Permission to amend an answer in an action appealed from a justice of the peace rests in the sound discretion of the judge of the district court. There was no abuse of this discretion in refusing to grant such permission in a case where more than seven months had elapsed from the time of the appeal, and where the application was not made until the case was called for trial, and no excuse for the delay shown.</p> <p>2. Insurance Policy — Forfeiture—Fraudulent Delivery of Deed. The delivery, procured by fraud, of a deed duly executed does not affect the title to real estate, and, hence, does not serve to create a forfeiture of a policy of insurance on such property by reason of a clause therein contained that the policy shall become void if the title to the insured property shall become other than the entire ownership.</p> <p>3. —--Attorney's Fees — Case Followed. The provision of section 3410 of the General Statutes of 1901, providing for the taxation as costs of a reasonable attorney’s fee in actions against insurance companies on a policy of insurance, is valid. The case of Assurance Co. v. Bradford, 60 Kan. 82, 55 Pac. 335, followed.</p>