Simpson v. Pacific Mutual Life Insurance
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The plaintiff applied to the agent of the defendant for the payment of a policy of life insurance, amounting to twenty-five hundred dollars, and the agent gave him a check upon the bank of B. F. Hastings & Co.,' in Sacramento City. , The check was drawn at about nine o’clock in the morning of Hovember 1st, 1871, and immediately thereafter the agent accompanied the plaintiff to the bank for…
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The plaintiff applied to the agent of the defendant for the payment of a policy of life insurance, amounting to twenty-five hundred dollars, and the agent gave him a check upon the bank of B. F. Hastings & Co.,' in Sacramento City. , The check was drawn at about nine o’clock in the morning of Hovember 1st, 1871, and immediately thereafter the agent accompanied the plaintiff to the bank for the purpose of identifying him, as he was a stranger in the city. Payment was tendered by the cashier of the bank, there…
1Opinion of the Court
By the Court, Crockett, J.:
The jury having returned a general verdict for the plaintiff, the defendant moved for a new trial, assigning as one of the grounds of the motion the insufficiency of the evidence to justify the verdict, and with appropriate specifications as to the particulars wherein the evidence was insufficient. The Court having granted the motion on this ground, the plaintiff appeals, and insists that the verdict ought not to have been disturbed. The Court below appears to have been satisfied from the evidence: First—That the check was drawn against a sufficient fund.…
2Cases cited1 opinion
- Himmelmann v. HotalingCalifornia Supreme Court · 1870
3Cited by12 opinions
- Comer v. DufourSupreme Court of Georgia · 1895
- Noble v. DoughtenSupreme Court of Kansas · 1905
- Lewis, Hubbard & Co. v. Montgomery Supply Co.West Virginia Supreme Court · 1906
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Holmes v. RoeMichigan Supreme Court · 1886
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