Herzog v. Palatine Ins.

Citations

• 36 Wash. 611
• 79 P. 287

Syllabus

<p>Appeal — Dismissal—Time of Taking •— Judgment — Entry — Estoppel. Where the clerk of court makes an informal journal entry of judgment upon a verdict, and a new trial is denied, affirming the judgment, the successful party by subsequently entering a formal judgment is estopped from asserting that the same is not the final judgment in the case, and an appeal therefrom will not be dismissed because not taken within 90 days from the date of the clerk’s journal entry or from the date of the order denying the new trial.</p> <p>Appeal — Immaterial Evidence — When Harmless. Error cannot be predicated upon the admission of evidence which was not material or prejudicial.</p> <p>Insurance — Apportionment on Specific Articles — Breach of Policy as to Part — False Statements — Fraud. The mere fact that a policy of fire insurance on a hotel building and contents specifies $200 insurance on .a piano when there was no piano in the building, does not vitiate the policy as to the other items of the insurance, in the absence of all proof as to how the piano was included, since fraud will not be presumed, and a breach of the policy as to one ciass of property does not avoid the policy as to the other parts in the absence of fraud, act condemned by public policy, or increase of risk.</p> <p>Same — Mistake. That the piano was included by mistake and so there was no meeting of the minds of the parties, does not affect the insurance on the building as to which there was no mistake.</p> <p>Same — Proof of Loss — False Swearing. False swearing in the proof of loss in order to avoid a policy must relate to material matters, and the jury’s verdict thereon, when supported by testimony, is conclusive.</p> <p>Insurance — Interest of Insured — Mortgagee of Building — Insurance on Contents — Failure of Proof as to Interest in Personal Property. In an action brought by a mortgagee of a hotel building upon a policy of fire insurance made payable to him “as his interest may appear,” and calling fo