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BROWN v. TRI-STATE INS. CO.

No. 39,432

177 Kan. 7 (1954)

274 P.2d 769

W.H. BROWN and ROBERTA BROWN, Appellants, v. TRI-STATE INSURANCE COMPANY and SECURITIES ACCEPTANCE CORPORATION, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed October 9, 1954.

Attorney(s) appearing for the Case

George E. McCullough, of Topeka, argued the cause, and Robert L. Kimbrough, of Topeka, was with him on the briefs for the appellants.

Barton E. Griffith, of Topeka, argued the cause, and was on the briefs for the appellee Tri-State Insurance Company.

No appearance for the appellee Securities Acceptance Corporation.

The opinion of the court was delivered by

WERTZ, J.:

This was an action to recover on a contract of insurance covering a 1949 Lincoln automobile which was destroyed by fire and upset. From an order of the trial court sustaining a demurrer to the plaintiffs' evidence, they appeal. The pertinent facts may be stated as follows:

Appellants W.H. and Roberta Brown, hereinafter referred to as plaintiffs, were the owners of a policy of insurance on a 1949...

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