Legal Opinion

McCormick v. Orient Insurance

California Supreme Court

Decided November 3, 1890No. 12836PublishedCited by 23 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

The original complaint in this case was to recover two thousand dollars on a policy of insurance. After several years of litigation, the plaintiffs amended their complaint so as to seek a reformation of the policy, on the ground of fraud and mistake, and for a decree upon it as reformed. The trial court gave judgment for the defendant, and the plaintiffs appeal upon the judgment roll, without any bill of exceptions or statement.

The policy contained the following provision: “Any interest in property insured not absolute, or that is less than a perfect title, must be specifically…

2Cases cited4 opinions

  1. Boggs v. Merced Mining Co.California Supreme Court · 1859
  2. Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
  3. Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
  4. McCormick v. Springfield Fire & Marine Ins. Co.California Supreme Court · 1885

3Cited by23 opinions

  1. Baird v. Fidelity-Phenix Fire Ins. Co.Tennessee Supreme Court · 1942
  2. First National Bank of Los Angeles v. MaxwellCalifornia Supreme Court · 1899
  3. Goorberg v. the Western Assurance Co.California Supreme Court · 1907
  4. Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
  5. Bean v. BickleySupreme Court of Iowa · 1919

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