Cerf v. Home Insurance
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendant by two several policies insured one Stoutenberg against loss by fire of certain goods and fixtures in a store in the City of Sacramento.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The defendant by two several policies insured one Stoutenberg against loss by fire of certain goods and fixtures in a store in the City of Sacramento. The store was destroyed by fire on the 31st day of December, 1869, and thereafter Stoutenberg, for a valuable consideration, assigned his interest in the policy to the plaintiffs, who brought this action to recover the amount of the insurance. It appeared at the trial that Stoutenberg and his clerk, until about three weeks before the fire, slept at…
1Opinion of the Court
By the Court, Wallace, C. J.:
■ The appeal is from an order granting the defendant a new trial.
The action was upon a policy of insurance which contained a provision that “ if the accused shall keep gunpowder, fireworks, nitro-glycerine, phosphorus, saltpeter, nitrate of soda, petroleum, naphtha, gasoline, benzine, or benzine varnish, or keep or use camphine, spirit gas, or any burning fluid or chemical oils, without written permission in their policy, then, and in every such case, this policy shall be void. Kerosene oil, however, may be used for lights in dwellings and kept for sale in stores…
2Cited by4 opinions
- Arnold v. American Insurance Co.California Supreme Court · 1906
- Smith v. Birmingham Water Works Co.Supreme Court of Alabama · 1893
- Bastian v. British American Assurance Co.California Supreme Court · 1904
- Wheeler v. Traders' InsuranceSupreme Court of New Hampshire · 1883