California Canneries Co. v. Canton Insurance Office

The action is on an insurance policy to recover damages caused by injury to certain canned goods shipped from San Francisco to New York. The alleged value of the goods was $8,098.00 and plaintiff sought to recover the sum of $2,567.95 and obtained judgment for $2,-500.00. As to the policy and the risks covered by it, we find in the complaint the following allegation: “That on the 17t,h day of December, 1909, at said city and county of San Francisco, the said defendant in consideration of $121.47 to it then and there paid, executed to said plaintiff a policy of insurance upon said goods, whereby it promised to pay to the plaintiff within thirty days after proof of loss and interest, all loss and damage accruing to said plaintiff by reason of the destruction or injury of the said ship or of said goods during the ensuing voyage from the port of San Francisco to the port of New York; and wherein and whereby the said defendant undertook and promised to pay to the said plaintiff whatever damage should result to the said goods, occasioned by collision with any other vessel.”

As to this the answer contains the following: “Admits that, on the 17th day of December, 1909, at San Francisco,…