Moore v. Life & Annuity Ass'n

Citations

• 93 Kan. 398
• 148 P. 981
• 1914 Kan. LEXIS 444

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — Demurrer to Evidente — Motion for-New Trial Unnecessary. Where an action is determined by a trial court upon a demurrer to the evidence of the plaintiff, it is not requisite to entitle the plaintiff to an appeal that he should have presented a motion for a new trial in the district court.</p> <p>2. Life Insurance — Insured Entitled to Paid-wp Policy — Damages. Under the policy of insurance in this case the plaintiffs were entitled to a paid-up policy on demand therefor at anytime after three years from the first payment thereon and to the amount of as many twentieths of $1000 as were the years the policy had been in force. Such demand having been made at a proper time and not complied with, the plaintiffs were entitled to maintain an action for damages in the amount of the cash value of such paid-up policy.</p> <p>3. Same — Change of By-Laws — Effect of Payments. It is not. the policy of the law to compel a party to continue making-payments for a term of years under a contract where by reason of changed conditions either the amount for which such payments should be made or the effect of payments is in dispute, but the rights of the parties should be adjudicated as of the time an action is instituted for that purpose.</p>