Breuner v. Liverpool & London & Globe Insurance
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. The plaintiff was the owner of a two-story brick building, Nos. 166, 168 and 170, on the south side of K street, -between Sixth and Seventh streets, in the city of Sacramento, and was doing business in the same, having a stock of furniture and upholstery goods.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The plaintiff was the owner of a two-story brick building, Nos. 166, 168 and 170, on the south side of K street, -between Sixth and Seventh streets, in the city of Sacramento, and was doing business in the same, having a stock of furniture and upholstery goods. The defendant was a foreign insurance company doing business in this State, and on the second day of March, 1872, in consideration of a premium of one hundred and thirty dollars paid to it by the plaintiff, insured the plaintiff against damage or loss by…
1Opinion of the Court
By the Court:
The court found, as a conclusion of law, “ that before said-fire, said building had become a fallen building within the terms of the policy set forth in plaintiff’s complaint, and that the falling down was not the result of a fire.” This finding, although stated among the conclusions of law, is the finding of an ultimate fact. The plaintiff attacks this finding as contrary to the evidence; and it is stated in the bill of exceptions that the only evidence to support it is that upon which finding No. 5 was founded, and that there was no evidence in the case to support a more…
2Cited by7 opinions
- Jessen v. Peterson, Nelson & Co.California Court of Appeal · 1912
- Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
- Vorse v. Jersey Plate Glass InsuranceSupreme Court of Iowa · 1903
- Haider v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1897
- Huck v. Globe InsuranceMassachusetts Supreme Judicial Court · 1879
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