Legal Opinion

Smith v. Phœnix Insurance

California Supreme Court

Decided September 21, 1891No. 13514PublishedCited by 26 opinions

Appeal from a judgment of the Superior Court of Los Angeles County. The facts are stated in the opinion of the court.

1Opinion of the CourtBeatty, C. J.

In March, 1890, we made a decision in this case reversing the judgment of the superior court, with directions to enter judgment on the' findings in *327favor of the appellant. (23 Pac. Rep. 303.) After a rehearing of the case, and upon fuller consideration of the questions involved, we are satisfied that our former decision was erroneous, and that the judgment of the superior court should be affirmed.

The action is upon a fire insurance policy. Plaintiffs had judgment in the lower court, and defendant appealed from the judgment alone, claiming that upon the facts found, the judgment should have…

2Cases cited10 opinions

  1. Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
  2. Washington Fire Insurance v. KellyCourt of Appeals of Maryland · 1870
  3. Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
  4. Hall v. CenterCalifornia Supreme Court · 1870
  5. East Texas Fire Insurance v. DychesTexas Supreme Court · 1881

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. J. S. Potts Drug Co. v. BenedictCalifornia Supreme Court · 1909
  2. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  3. Alabama Farm Bureau Mutual Insurance Service, Inc. v. NixonSupreme Court of Alabama · 1958
  4. Davis v. Phoenix InsuranceCalifornia Supreme Court · 1896
  5. Brady v. WelshSupreme Court of Iowa · 1925

21 more not listed; retrieve them via the Exa API.

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