Clark v. Phœnix Insurance
California Supreme Court
Appeal from the District Court, Fifth Judicial District, Tuolumne County. This was an action on a policy of insurance. The charging part of the plaintiff’s complaint was as follows: “ That on the said 18th day of August, A. D. 1865, for and in consideration of the sum of seventy-five dollars paid to the said defendant by the said plaintiff, the said defendant made, executed, and delivered to the said plaintiff a policy of insurance, No. 6,009, duly signed by H. Kellogg,…
Read the full summary
Appeal from the District Court, Fifth Judicial District, Tuolumne County. This was an action on a policy of insurance. The charging part of the plaintiff’s complaint was as follows: “ That on the said 18th day of August, A. D. 1865, for and in consideration of the sum of seventy-five dollars paid to the said defendant by the said plaintiff, the said defendant made, executed, and delivered to the said plaintiff a policy of insurance, No. 6,009, duly signed by H. Kellogg, President, and William B. Clark, Secretary of said insurance company—wherein the said insurance company, defendant,…
1Opinion of the Court
By the Court, Sanderson, J. :
The complaint in this case is doubtless obnoxious to criticism, when compared with the contract upon which the action was brought; but it must be held good on demurrer. It alleges an unconditional contract on the part of the defendant, in consideration of the sum of seventy-five dollars, to insure the hotel and furniture of the plaintiff against loss by fire, for the period of time stated, and a loss by fire within the life of the contract, which the defendant has failed to pay, notwithstanding the request of the plaintiff—and, therefore, states a cause of action.
T…
2Cases cited3 opinions
- Stringer v. DavisCalifornia Supreme Court · 1866
- Stout v. CoffinCalifornia Supreme Court · 1865
- Moadinger v. Mechanics' Fire Insurance Co.The Superior Court of New York City · 1829
3Cited by15 opinions
- McLean v. CrowCalifornia Supreme Court · 1891
- Campbell v. Great Lakes Insurance Co.Michigan Supreme Court · 1924
- McCausland v. RalstonNevada Supreme Court · 1877
- Wiesman v. American Insurance Co.Wisconsin Supreme Court · 1924
- Pedrotti v. American Nat. Fire Ins. Co., Etc.California Court of Appeal · 1928
10 more not listed; retrieve them via the Exa API.