Legal Opinion

American Can Co. v. Agricultural Insurance

California Court of Appeal

Decided December 8, 1909No. Civ. No. 624PublishedCited by 14 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. Frank J. Murasky, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

This appeal is from a judgment in favor of plaintiff upon an alleged parol contract of insurance. On April 1, 1905, the defendant executed its written contract, by the terms of which it insured plaintiff against loss by fire not to exceed $3,000 from April 18, 1905, at noon, until April 18, 1906, at noon, on certain personal property situate on certain described premises belonging to plaintiff. The property of plaintiff was not destroyed until about 10 o'clock P. M. in the great fire of April 18, 1906, and the plaintiff does not claim that defendant is liable under the terms of the written…

2Cases cited7 opinions

  1. Cleveland Oil Co. v. Norwich Ins. SocietyOregon Supreme Court · 1898
  2. Idaho Forwarding Co. v. Fireman's Fund InsuranceUtah Supreme Court · 1892
  3. Taylor v. Phœnix Insurance Co. of HartfordWisconsin Supreme Court · 1879
  4. Whitman v. Milwaukee Fire InsuranceWisconsin Supreme Court · 1906
  5. Gold v. Sun InsuranceCalifornia Supreme Court · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Law v. Northern Assurance Co. of LondonCalifornia Supreme Court · 1913
  2. Ferrar v. Western Assurance Co.California Court of Appeal · 1916
  3. Parlier Fruit Co. v. Fireman's Fund InsuranceCalifornia Court of Appeal · 1957
  4. K. C. Working Chemical Co. v. Eureka-Security Fire & Marine InsuranceCalifornia Court of Appeal · 1947
  5. Toth v. Metropolitan Life InsuranceCalifornia Court of Appeal · 1932

9 more not listed; retrieve them via the Exa API.

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