Lucas v. Brotherhood of American Yeomen

Citations

• 105 Kan. 700
• 185 P. 901
• 10 A.L.R. 862
• 1919 Kan. LEXIS 159

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Liability Denied Upon a Single Ground Only —Other Def-enses Waived. Where, prior to being sued upon a certificate of fraternal insurance, a beneficiary association denies liability and places its refusal to pay solely upon the ground of accord and satisfaction, it thereby waives other defenses, including a failure to demand arbitration.</p> <p>2. Same — Pleadings—Not Objectionable as Pleading Evidence. In such an action, a reply setting forth the correspondence between the parties showing the ground upon which liability was denied, is not open to the objection that it pleads the evidence. •</p> <p>3. Same — Instructions—Continuance Assignments of error in giving and refusing instructions and in refusirig to grant a continuance, are held not to be meritorious.</p>