Capuro v. Builders' Insurance
California Supreme Court
Appeal from the District Court -of the Fourth District, City and County of San Francisco. The ease is stated in the opinion of the Court.
1Opinion of the CourtTemple, J.
This action is brought upon a policy of insurance, and the answer, after denying most of the allegations of the complaint, sets up four distinct charges of fraud, but does not charge the plaintiff with having caused the property to have been burned. On the trial, evidence was introduced by the defendant, which, as is claimed by defendant’s counsel, tends-to prove this fact. The evidence had no necessary or obvious tendency to establish such a charge, and may well have been-permitted to come in without objection from -plaintiff on that ground.
The Court, at request of defendant and against the…
2Cases cited1 opinion
- Kent v. SnyderCalifornia Supreme Court · 1866
3Cited by11 opinions
- Lawrence v. GayettyCalifornia Supreme Court · 1889
- Tucker v. ParksSupreme Court of Colorado · 1883
- Metropolis Tr. & Sav. Bank v. MonnierCalifornia Supreme Court · 1915
- Thiering v. GageOregon Supreme Court · 1929
- Hazard v. GriswoldU.S. Circuit Court for the District of Rhode Island · 1884
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