Torkelson v. Bank of Horton

The opinion of the court was delivered by This was an action against a bank for damages for wrongfully
dishonoring a check drawn upon it to pay a life insurance
premium. Plaintiff was the beneficiary in the policy which lapsed
shortly before the death of the insured for nonpayment of the
premium. Summary judgment was entered for the bank and plaintiff
has appealed. Plaintiff Tonie Torkelson, Sr., filed his petition against the
defendant Bank of Horton on September 2, 1964, alleging the
following: That during his lifetime Tonie Torkelson, Jr., had
issued to him by the Knight's Life Insurance Company a policy of
life insurance insuring his life in the amount of $20,000, with
double indemnity in case of accidental death; that plaintiff was
named as beneficiary in the policy if living at the time of Tony
Junior's death; a premium of $143.20 became due on the policy and
on September 17, 1962, Tony Junior remitted this premium to the
insurance company by means of a check for that amount drawn by
him upon an account maintained by him in the defendant bank; the
insurance company deposited the check but on September 27, 1962,
the defendant
[208 Kan. 268]