The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-14

involved in an Insurance Case
in Appellate Court
LIFE POLICY WAS ASSIGNED
Company Refuses to Pay Be-
cause Note Was 0utlaWed.

A case was submitted at Wednesdays
sitting of the Kansas court of appeals
involving some very nice legal ques-
tions, as to the right of an outlawed credi-
tor to collect on life insurance policy
| which had been assigned to him as Sc
curity
On the 9Th day of July, 1874, William P.
Creftz executed TO William A. Allen his
promissory note for $S69O4, payable one
day after date, and as security for the
payment of the note Creitz assigned to
Allen all his rights, title and interest in
an insurance policy which he had taken
out on his own life, payable to his heirs,
executors, administrators and assigns, Oh
his death. Allen held the note ana policy
Of insurance until after the note became
barred by the statute of limitations.
On the 18th day of July, 1897 Creitz died
in the state of Oregon, while the policy
was still in force After the death of
policy Of insurance to Charles Hoff, and
the latter commenced suit in the District
court of this county on the 18th day Of
May 1893, to- recover the amount of the
debt secured by the policy from the Act
ma, Life Insurance company, it being the
company that issued the policy.
The insurance company set up the de-
Tense that as the debt for which the pol
icy was assigned as security was outlawed
no recovery could be had on the policy.
In the district court it was held that
there could be no recovery and judg
ment was rendered in favor of the in
surance company. Hoff took the case to
the court Of appeals and the contention
now is made, on his behalf, that, not
withstanding the original debt may have
been barred the right of action still ex-
lists on the policy, and he being the own
er and holder of it, is entitled to recov-
err It is contended on behalf of the in
surance company that the debt for which
the policy was assigned as security was
barred and also that the note to secure
which the policy was assigned never hav-
ing been assigned that no action can be
maintained on the pOIcy.
The questions involved have never been
passed upon by either the supreme court
Of this state or any of the appellate courts
and the decision tpf the appellate court in
this case will be looked to with consider
able interest by the legal profession.
Cases and motions disposed of yester-
day were as follows!
w. F. Pitman VS. John Bumstack, ap-
pealed from Harper county; argued by
H. Llewellyn Jones for plaintiff and Mr..
Washburn for defendant; submitted on
briefs
NJ Freidburg VS.. E. H. Nudd, appealed
from Sedgwick county; continued by stip-
ulation.
John H. Blackwelder VS.. Rock Island
Lumber company and manufacturing
company, appealed from Sumner county;
argued by James Lawrence for plaintiff
and James Comfy for defendant; submit
ted on briefs.
NJ. R. Jackson VS.. John I. Anderson, ap-
pealed from Sumner county; argued by
James Lawrence for plaintiff and w. W.
Schwinn for defendant and submitted on
briefs.
Marion & Mcpherson Railway company
VS. l. P. Alexander ct al, appealed from
Marion county; argued by W. Littlefeld
for the plaintiff and Mr.. Kellar for de-
PENDANT; submitted on briefs.
Aldace F. Walker ct al, VS.. Lena Price
ct al, appealed from Sedgwick county;
argued by A A. Hurd for plaintiff and
J. D. Houston for defendant; submitted
on briefs.
Wichita Gas, Electric Light and Power
company VS.. A B. Wright appealed from
Sedgwick county; submitted on briefs.
B. F. Thompson VS.. Edward Stone, ap-
pealed from Kingman county; submitted
on briefs.
Wellington National Bank VS.. J. c.
Thompson, appealed from Sumner coun-
ty; submitted on briefs.
D. NJ. Osborne & Co, Peter Gitzhoffer.
appealed from Sedgwick county; continu-
ed as per stipulation.
MOTIONS.
The Symes Grocery company VS.. NJ. D.
Lee ct al, appealed from Harper county;
petition for rehearing by plaintiff. denied.
NJ. E. Johnson ct al VS.. Abe Long,
brought from Cowley county; motion by
defendant to dismiss, and service of mo-
ton: submitted.
In the matter OF the appeal Of R. R.
Beam. brought from Harper county; pc
tition for rehearing by defendant in er-
ror. denied.
Mable T. Cook VS.. Henry A Smith,
brought from Cowley county; motion by
plaintiff to dismiss suit, allowed.
Jesse VI. S5ansbury vs.. The Continental
Insurance company, brought from Cow
ley county: motion by plaintiff for leave
to s'en petition su. mitted on stipulation
OF hou Torties.
Margaret A Rees et al vs.. NJ. p. Hig-
gins. motion to transfer TO western divis-
ion: sustained.
Anton Weber VS.. s. G. Genaway. defend