Gladding v. Cal. Farmers' Mut. Fire Ins. Ass'n
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action upon a fire insurance policy. The building insured and burned was a frame building used as a tannery. Near this was a shed belonging to the plaintiffs. After the policy was issued, the plaintiff permitted a third party to store hay in the shed.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action upon a fire insurance policy. The building insured and burned was a frame building used as a tannery. Near this was a shed belonging to the plaintiffs. After the policy was issued, the plaintiff permitted a third party to store hay in the shed. It was claimed that a local agent of the defendant consented to the storage, but it was not shown that there was any written endorsement of consent upon the policy. There was evidence tending to show that the risk was…
1Opinion of the CourtSharpstein, J.
The finding that the hay which was in a shed near the building destroyed by fire was not stored there by the plaintiffs or with their consent, but was stored there with the knowledge and consent of the authorized agent of the defendant, and that the increase of risk occasioned thereby was with the knowledge and consent of the defendant, is attacked on several grounds, some of which we think to be well founded.
1. A witness for plaintiffs testified that he stored the hay in the shed, and that before doing so he applied to plaintiffs for permission, and was told by one of them that he would not…
2Cases cited1 opinion
- Franklin Fire Insurance v. Chicago Ice Co.Court of Appeals of Maryland · 1872
3Cited by13 opinions
- Wheaton v. North British and Merchantile InsuranceCalifornia Supreme Court · 1888
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- MacKintosh v. Agricultural Fire Ins. Co.California Supreme Court · 1907
- German Ins. v. HeidukNebraska Supreme Court · 1890
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