Cook v. Lion Fire Insurance Co.

Citations

• 67 Cal. 368
• 7 P. 784
• 1885 Cal. LEXIS 647

Syllabus

<p>En® Insubance—Statement in Pboofs of Loss—False Repbesbntations by Insubeb.—In an action on a fire insurance policy, the assured is not hound by a statement made by him in his proofs of loss, if he was induced to make such statement by the false representations of an agent of the insurer.</p> <p>Bill of Sale—When a Mortgage—Pre-existing Debt—Consideration— Intention. —In determining whether or not a hill of sale, given in consideration of a pre-existing debt, is a mortgage, the question to be settled is whether the intention of the parties .was to cancel the debt or to secure its payment; and this is a question of fact, the determination of which depends upon the negotiar tions had at the time, and the subsequent acts of the parties.</p> <p>Id. —Evidence — On a review of the evidence, held, that the bill of sale in question was not intended as a mortgage or pledge.</p>