Merriam Mortgage Co. v. Saint Paul Fire & Marine Insurance

Citations

• 97 Kan. 190
• 155 P. 17
• 1916 Kan. LEXIS 259

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment- — No Appeal after Voluntary Payment. One who voluntarily pays a judgment rendered against him by a district court can not question the justice or validity of the judgment by subsequent appeal to this court.</p> <p>2. Insurance — Mortgage Clause — Right to Subrogation Lost. The rule that the burdens and the benefits of a contract, remedy, or course of conduct must be accepted together or renounced together applied in considering an application by an insurance company for subrogation under a mortgage clause attached to one of its policies, made after all liability on the policy had been denied and the mortgagee had been compelled to establish his right by litigating the matter to final judgment.</p> <p>3. Insurance — On Oklahoma Property — Written in This State — Attorney’s Fee. Under sections 4262 and 4263 of the General Statutes of 1909, the court, in rendering judgment against a fire insurance company on a policy of insurance written in this state, is authorized to allow the plaintiff a reasonable sum as an attorney fee although the policy relates to property situated in the state of Oklahoma.</p> <p>4. Insurance — Appeal—Attorney’s Fee. The statute referred to does not. authorize this court to allow the plaintiff an attorney fee on appeal by an insurance company from a judgment rendered against it.</p>