Legal Opinion

Breuner v. Liverpool & London & Globe Insurance

California Supreme Court

Decided July 1, 1875No. 4157PublishedCited by 7 opinions

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

  1. Jessen v. Peterson, Nelson & Co.California Court of Appeal · 1912
  2. Rossini v. Saint Paul Fire & Marine Ins. Co.California Supreme Court · 1920
  3. Vorse v. Jersey Plate Glass InsuranceSupreme Court of Iowa · 1903
  4. Haider v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1897
  5. Huck v. Globe InsuranceMassachusetts Supreme Judicial Court · 1879

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