Benninger v. Phoenix Insurance

California Supreme Court

Benninger v. Phoenix Insurance

57 Cal. 644

CourtCalifornia Supreme Court

DecidedJuly 1, 1881

DocketNo. 7,632

StatusPublished

Cited by2 cases

This text of 57 Cal. 644 (Benninger v. Phoenix Insurance) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benninger v. Phoenix Insurance, 57 Cal. 644 (Cal. 1881).

Pincite

Opinion

The Court :

The question of the ownership by plaintiff of the property was submitted to the jury, and there was evidence to sustain the findings. The question as to the waiver by defendant of formal “ proofs ” of loss was also submitted to the jury, and there was evidence to sustain a finding of said waiver.

The instruction No. 1, asked by defendant, was too broad. Assuming the law and facts to be as therein suggested, it would not have followed that defendant would have been entitled to a verdict as to the whole demand.

Judgment and order affirmed.

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The Court :

The question of the ownership by plaintiff of the property was submitted to the jury, and there was evidence to sustain the findings. The question as to the waiver by defendant of formal “ proofs ” of loss was also submitted to the jury, and there was evidence to sustain a finding of said waiver.

The instruction No. 1, asked by defendant, was too broad. Assuming the law and facts to be as therein suggested, it would not have followed that defendant would have been entitled to a verdict as to the whole demand.

Judgment and order affirmed.

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Bluebook (online)

57 Cal. 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benninger-v-phoenix-insurance-cal-1881.

Opinion

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