Ferrar

This is an appeal from a judgment in favor of the plaintiff, and from an order denying defendant’s motion for a new trial in an action brought against the defendant to recover the sum of one thousand dollars, the amount of a fire insurance policy claimed by plaintiff to have been issued by the defendant upon certain furniture belonging to the farmer’s assignor.

Several years before the fire which destroyed the furniture in question, Mrs. Margaret M. Plier, its owner, had authorized Clarence Coleman, an insurance broker, to place one thousand dollars insurance thereon, the property being contained in a certain hotel in San Francisco. Coleman did so, selecting the St. Paul Fire and Marine Insurance Company. At that time, and up to the time of the fire, Mrs. Plier was carrying other insurance upon the furniture in the sum of five hundred dollars, which was placed independently of Coleman. Each year, when the one thousand dollar policy was about to expire, Coleman would renew it, and Mrs. Plier would pay the premium. On one occasion, a small loss by fire having occurred, he attended to the matter of its adjustment in so satisfactory a manner to the insured that she told him to…