American Can Co. v. Agricultural Insurance

This is an action to recover the sum of three thousand dollars upon an alleged renewal of a policy of fire insurance. The original complaint was filed on November 19, 1906, and the cause came to issue and trial upon said complaint in April, 1907, whereupon a judgment was entered in favor of the plaintiff and against the defendant for the sum demanded in said complaint. Upon an appeal from said judgment it was reversed, the opinion of this court reversing the same being reported in 12 Cal. App. 133 , [ 106 Pac. 720 ], Thereafter the plaintiff filed an amended complaint, and issue being joined thereon the cause was retried before a jury, whose verdict was rendered in favor of the defendant under the.instruction of the court to so find, which instruction was based upon the view of the trial court that the decision of this court upon the former appeal constituted the law of the case.

The facts of the case as presented upon both trials are practically undisputed. The plaintiff, a business corporation having a factory and warehouse in the city of San Francisco, had prior to April 18, 1906, carried with the defendant a policy of insurance in the sum of three thousand dollars on its…