Legal Opinion

Wenzel v. Commercial Insurance Co.

California Supreme Court

Decided August 29, 1885No. 9865PublishedCited by 13 opinions

Appeal from a judgment of the Superior Court of Tuolumne County, and from an order refusing a new trial. The facts-are stated in the head-notes and opinion of the court.

1Opinion of the CourtMorrison, C. J.

This is an action on a policy of insurance issued by defendant to plaintiff on the 7th day of October, 1881, by the terms of which, in consideration of a certain premium paid the former by the latter, defendant insured the plaintiff, for the term of one year, on his certain quartz-mill, situated in the county of Tuolumne, and on other property in the policy enumerated, against loss by fire.

Among the conditions contained in the policy are the following : “ It is understood and agreed that a watchman shall be employed by the assured to guard the premises during such time as the mill is idle.…

2Cases cited2 opinions

  1. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  2. Gladding v. Cal. Farmers' Mut. Fire Ins. Ass'nCalifornia Supreme Court · 1884

3Cited by13 opinions

  1. McKenzie v. Scottish Union & National InsuranceCalifornia Supreme Court · 1896
  2. Rankin v. Amazon Insurance Co.California Supreme Court · 1891
  3. McGannon v. Michigan Millers' Mutual Fire-InsuranceMichigan Supreme Court · 1901
  4. Planters' Mutual Insurance Ass'n v. DewberrySupreme Court of Arkansas · 1901
  5. Siera Milling, Smelting, and Mining Co. v. Hartford Fire InsuranceCalifornia Supreme Court · 1888

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