Smith v. Royal Ins.

ROCHE, District Judge.

This is an action on a leasehold fire insurance policy. It has been before this court on two previous occasions and has been the subject of two opinions by the Circuit Court of Appeals. 9 Cir., 77 F.2d 157; 9 Cir., 93 F.2d 143. In 1933 the late Judge Kerrigan rendered a decision in favor of plaintiff. D.C., 5 F.Supp. 435. This ruling was reversed and remanded because the pleadings and the proof failed to establish an insurable leasehold. Since that time, plaintiff has amended his complaint sufficiently to show an interest which would support v. judgment in his favor. The…