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SOUTHARD v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 39,352

177 Kan. 26 (1954)

276 P.2d 299

JACOB O. SOUTHARD, JR., Appellant, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION OF OMAHA, Appellee.

Supreme Court of Kansas.

Opinion filed November 13, 1954.

Attorney(s) appearing for the Case

Edward Rooney and C.K. Sayler, both of Topeka, argued the cause and L.M. Ascough and John A. Bausch, both of Topeka, were with them on the briefs for the appellant.

Lester M. Goodell, of Topeka, argued the cause and Margaret McGurnaghan and Frederick A. Mann, both of Topeka, were with him on the briefs for the appellee. George M. Brewster, of Salina, of counsel.

The opinion of the court was delivered by

SMITH, J.:

This was an action on an accident insurance policy. Judgment was for the defendant sustaining its demurrer to the second count of the petition. The plaintiff has appealed.

The first count stated defendant had issued to the plaintiff its policy, which was attached; that the quarterly premium of $12 charged by defendant had been paid and the policy was in full force at the time the action was begun...

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