Cassacia v. Phœnix Insurance
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The complaint averred that the property insured was destroyed by fire July 30th, 1863, and that immediately thereafter .the plaintiff furnished the defendant with the proof of the loss as required by the policy.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The complaint averred that the property insured was destroyed by fire July 30th, 1863, and that immediately thereafter .the plaintiff furnished the defendant with the proof of the loss as required by the policy. Judgment was rendered for plaintiff December 15th, 1864, for two thousand and thirty-three dollars and twenty-eight cents and costs, the judgment to bear interest at ten per cent per annum. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Sawyer, J.
This is an action on a policy of insurance for the value of the goods insured destroyed by fire. The policy contained a clause that, “ if the assured shall keep gunpowder * * * this policy shall be void.” At the trial it appeared, that at the *630time of the fire plaintiff had in her store “ eleven cans of gunpowder for sale in her business.” Thereupon the defendant, at the close of plaintiff’s case, moved for a nonsuit, upon the ground that the policy had become void under the provision cited. The motion was denied, and this ruling constitutes the principal ground of the…
2Cited by9 opinions
- Anglo California Nat. Bank of San Francisco v. LazardCourt of Appeals for the Ninth Circuit · 1939
- Oil Base, Inc. v. Transport Indemnity Co.California Court of Appeal · 1957
- Tischler v. Cal. Farmers' Mut. Fire Ins. Co.California Supreme Court · 1884
- Cronin v. Fire Ass'nMichigan Supreme Court · 1897
- Lang v. CommissionerUnited States Board of Tax Appeals · 1941
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