Legal Opinion

Doyle v. Phœnix Insurance

California Supreme Court

Decided July 1, 1872No. 3,098PublishedCited by 14 opinions

Appeal from the District Court of the Tenth Judicial District, County of Sierra. The facts are stated in the opinion.

1Opinion of the Court

By the Court, Wallace, C. J.:

The plaintiff brought this action upon three several policies of insurance by which the defendant had insured her against loss or damage by fire upon certain property of hers. The defendant not appearing, a default and final judgment for the plaintiff was entered below, and after an ineffectual effort made there to set aside the default and to obtain leave to defend the action, the defendant brings this appeal.

The complaint contains three counts, each of which sets forth in haec verba the policy, for a breach of which it professes to proceed, and the first point…

2Cited by14 opinions

  1. Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
  2. Cowan v. Phenix InsuranceCalifornia Supreme Court · 1889
  3. Daniels v. StateSupreme Court of Delaware · 1901
  4. McCormack v. North British InsuranceCalifornia Supreme Court · 1889
  5. Carberry v. German Insurance Co. of Freeport, IllinoisWisconsin Supreme Court · 1881

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