Stockton Combined Harvester & Agricultural Works v. Glens Falls Insurance Co.

This is an action to recover for insurance on the property of plaintiff destroyed by fire. The cause was tried by the court without a jury, and plaintiff had judgment, from which and from the order denying motion for a new trial this appeal is prosecuted upon bill of exceptions. The case was once before tried and appealed to this court, and is reported in 98 Cal. 557 .

Submitted upon the brief in this case, upon the same record, are also two other cases, to wit: Stockton etc. Works v. Hartford Fire Ins. Co., No. 261; Stockton etc. Works v. Hamburg-Magdeburg Fire Ins. Co., No. 259.

Upon substantially the same record is one other case, to wit: Stockton etc. Works v. American Fire Ins. Co. , post, p. 182, but in which two points are urged by appellant not presented in the other cases. The total insurance upon the property was $127,-000; the aggregate amount claimed by plaintiff from all the defendants is $90,000. The pleadings are verified.

The complaint contains three counts; the third was stricken out on motion. The first count alleges that plaintiff presented its proofs of loss immediately after the fire, which occurred August 19, 1888, in accordance with the terms of the…