Liebes

This appeal is from a judgment entered in favor of defendant, Jacob Liebes, upon his demurrer to plaintiff’s complaint. Louis Liebes was not served.

The complaint alleges that the plaintiff, on January 27, 1890, issued to Liebes Brothers & Co., a firm composed of Jacob and Louis Liebes, a policy of insurance in the sum of $2,500 upon merchandise, consisting of cigars and tobacco, in a building on Davis street in the city and county of San Francisco. Other insurance was carried by the insured in some fifteen other companies, the total amount carried being $59,500.

That on November 13, 1890, a fire occurred, whereby said merchandise “ was damaged and partially destroyed”; that proofs of loss, sworn to by respondent, were presented, wherein it was claimed that the loss amounted to $65,705.60.

“ That in support of said claim of loss it was represented ” by defendants that their stock of merchandise on hand on January 1, 1890, was of the value of $92,-442.31; that between January 1st and the date of the fire they had purchased cigars and tobacco of the value *205 of $174,376.62, and between the same dates their sales amounted to $196,481.89, of which last-named sum $44,432.78 were…