Davega v. Crescent Mutual Insurance
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, J. Was the evidence properly rejected ? We contend that it was not, on the authority chiefly of the case of Tracy v. Theyer et al., 7 N. S. 355, 356, and of Adams v. His Creditors, 14 L. R. 463. The authorities are now clear, that parol evidence cannot be given to vary the terms of the written contract where there is no ambiguity in the contract itself, and there is none in the policy sued on. 1 Arnould, 65, 79.…
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APPEAL from the Fifth District Court of New Orleans, Buchanan, J. Was the evidence properly rejected ? We contend that it was not, on the authority chiefly of the case of Tracy v. Theyer et al., 7 N. S. 355, 356, and of Adams v. His Creditors, 14 L. R. 463. The authorities are now clear, that parol evidence cannot be given to vary the terms of the written contract where there is no ambiguity in the contract itself, and there is none in the policy sued on. 1 Arnould, 65, 79. Truman v. Loder, 11 Ad. & El. 589, 39 Eng. Com. Law Rep. Yates v. Pym, 6 Taunt. 446, 1 E. C. L. R. 1 Hall’s S. C. R.…
1Opinion of the Court
By the court:
Slidell, J.
The plaintiffs claim payment for goods destroyed by fire at San ■Francisco, on the 4th May, 1850. The policy of insurance states that it insures David C. Lahatt, for account of B. F. Davega 8f Co., against loss or damage by fire, to the amount of $5000, for one year, on merchandise, being stock in trade, consisting of dry goods and clothing, contained in the wooden building, *229situate on Kearney street, fronting the public square in San Francisco, occupied by D. F. Davega Sf Co. ' The blanks, in the usual printed clause, are filled up, so as to protect the assured for…
2Cited by11 opinions
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- Brodie v. Atlas Assur. Co.Supreme Court of Louisiana · 1925
- Louisiana Sulphur Mining Co. v. Brimstone R. & Canal Co.Supreme Court of Louisiana · 1918
- Parker v. Citizen Fire InsuranceLouisiana Court of Appeal · 1926
- Topps v. North British & Mercantile Ins.Louisiana Court of Appeal · 1933
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