Gerhauser v. North British & Mercantile Insurance
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. This cause, which was before the Supreme Court on a previous appeal, (reported 6 Nev. 15) was an action on two policies of insurance, one in the sum of $5,000 on a brick building in Virginia City, the other in the sum of $7,000 on the furniture and merchandise therein contained, all of which were consumed by fire November 14th, 1868. There was a verdict and judgment in favor of plaintiff in the sum…
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Appeal from the District Court of the First Judicial District, Storey County. This cause, which was before the Supreme Court on a previous appeal, (reported 6 Nev. 15) was an action on two policies of insurance, one in the sum of $5,000 on a brick building in Virginia City, the other in the sum of $7,000 on the furniture and merchandise therein contained, all of which were consumed by fire November 14th, 1868. There was a verdict and judgment in favor of plaintiff in the sum of $9,500, with interest thereon from the date of the fire. Plaintiff’s instructions marked “ D,” “ C ” and “ E,”…
1Opinion of the Court
By the Court,
Garber, J.:
This is an action on two policies of insurance, issued March, 1868. The plaintiff recovered $9,500. The defendant moved for a new trial, which was denied. The first question presented ‘ is, whether the evidence was sufficient to justify the verdict. In deciding this question we are confined, of course, to the particulars specified in the statement, and in case of material conflict we must assume the facts to be as testified to on behalf of the plaintiff.
The particulars specified are in substance: 1st, That in procuring the policies, the plaintiff misrepresented the…
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