Frankfort Marine Accident and Plate Glass Insurance Co. v. California Artistic Metal and Wire Co.

This is a suit for an accounting or, more properly, for discovery and for judgment for the amount so found to be due the plaintiff from the defendant.

An interlocutory decree compelling an accounting was made and the same had and thereupon judgment rendered and entered in favor of the plaintiff for the sum of two thousand six hundred dollars.

The defendant moved for a new trial and the same ordered denied, and it presents these appeals from the judgment and said order.

On the seventeenth day of September, 1907, the plaintiff, a corporation, organized and existing under the laws of Germany, and doing business in the state of California under and by virtue of the laws of said state, and the defendant, a corporation, organized and existing under the laws of this state, entered into two certain contracts, which are declared upon in two separate counts. By the terms of the contract constituting the first cause of action set out in the complaint, the plaintiff agreed to insure the defendant ‘ ‘ against loss from common law or statutory liability for damages on account of bodily injuries, fatal or nonfatal, accidentally suffered by any employee or employees of defendant while on duty…