Haas Bros. v. Hamburg-bremen Fire Ins.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. Action by Haas Bros, against the Hamburg-Bremen Fire Insurance Company. Judgment for defendant, and plaintiff brings error.
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of California. Action by Haas Bros, against the Hamburg-Bremen Fire Insurance Company. Judgment for defendant, and plaintiff brings error. Action at law by Haas Bros., a corporation, to recover from the Hamburg-Bremen Fire Insurance Company, a corporation, the sum of $3,869.36, being the difference between 98 per cent, of the amount adjusted and agreed upon as the loss and damage occasioned by Are and sustained by plaintiff in the San Francisco Are of April, 1906, and 75 per cent, of such loss, the amount paid to…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). It is contended by the defendant in error that the question involved in this writ of error is whether parol evidence can be admitted to vary the terms of a written contract. The only written document executed by the plaintiff after the adjustment of its losses occasioned by the fire appears to be the receipt executed by the plaintiff and referred to in the allegation of the complaint acknowledging that plaintiff received from the defendant 75 per cent, upon its claims against the defendant as adjusted, to wit, the sum of $12,617.87, “and gave to the…
2Cases cited4 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Harden v. GordonU.S. Circuit Court for the District of Maine · 1823
- Ryan v. . WardNew York Court of Appeals · 1872
- Sivers v. SiversCalifornia Supreme Court · 1893
3Cited by3 opinions
- White v. Holland Furnace Co.District Court, S.D. Ohio · 1939
- Mathieson Alkali Works v. Virginia Banner Coal Corp.Supreme Court of Virginia · 1927
- Lichter v. Westinghouse Electric Mfg. Co.Court of Appeals for the Sixth Circuit · 1944