Borger v. Connecticut Fire Insurance

THE COURT.

This is an appeal from a judgment and order denying the defendant’s motion for a new trial.

This cause was before the court upon a former appeal (24 Cal. App. 696, [142 Pac. 115]), wherein the facts of the ease in so far as required for the consideration of that appeal and of the present one are fully set forth. Upon the former appeal the judgment and order were reversed upon the ground that according to the terms of the insurance policy in question relating to the time when the loss should become payable, the action had been prematurely brought. Upon such re versal the plaintiff…