Delta Lumber & Box Co. v. Lobaugh

WELSH, District Judge.

Plaintiff, Delta Lumber and Box Company, sued defendant, National Liberty Insurance Company of America, on an insurance policy issued on or about the 19th day of September, 1942, wherein and whereby said defendant insured said plaintiff against loss by fire to lumber while in the dry yard of plaintiff in the vicinity of Paradise, Butte County, California. Plaintiff alleges in its complaint that it lost lumber in said dry yard of the reasonable value of $8,693.88, on or about the 30th day of December of said year.

Defendant set up defenses in its answer including (1) that…