Schump Land Co. v. Probst
Citations
- 92 Kan. 103
- 139 P. 1024
- 1914 Kan. LEXIS 175
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Defense No Consideration — No Competent Evidence in Support of Defense. The action was on a promissory note. The defense was want of consideration and was interposed by the administratrix of the deceased maker of the note. Held, that as no competent evidence was offered in support of the defense the court should have sustained the demurrer to defendant’s evidence.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that, “[a]fter a loss accrues, an insurance company may, by its conduct, waive” a defense
- stating unequivocally that conduct that ordinarily would give rise to waiver or estoppel against the insurer “will not have the effect to broaden out [sic] such contract so as to cover additional objects of insurance or causes of loss.”
- after insured died during military service, beneficiaries pressed claim despite express exclusion for risks of military service
- estoppel may not be extended to make a new contract
- estoppel may not be extended to make a new contract
- doctrine should not be invoked where it \would make this contract of insurance cover a loss it never covered by its terms\ or \create a liability not created by the contract and never assumed by the defendant under the terms of the policy\
Source: CourtListener parenthetical corpus (CC0).
Judges: Porter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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