Menk v. Commercial Insurance
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County, and from an order refusing a new trial. The action was brought on a fire insurance policy to recover the amount of an alleged loss. The further facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
In effect, the complaint alleged that the policy of fire insurance sued on was issued on an application made and signed by the plaintiff. The application contained certain material representations as to the manner in which the building was occupied. The plaintiff, against the objection and exception of the defendant, was permitted to testify at the trial, in effect, that the application was in fact made by an agent of the defendant, of the name of Burckhalter, and that he (plaintiff) did not know what representations it contained. In the first place, that testimony was in contra*584dicti…
2Cited by1 opinion
- Menk v. Home InsuranceCalifornia Supreme Court · 1888