London & Lancashire Fire Insurance Co. v. Liebes

Citations

• 105 Cal. 203
• 38 P. 691
• 1894 Cal. LEXIS 1137

Syllabus

<p>Insurance—Proofs of Loss—Fraudulent Representation—Recovery of Money Paid—Insufficient Complaint.—A complaint in an action by an insurance company to recover back insurance money paid upon proofs of loss, alleged to have contained a false representation as to the value of the goods in the building, does not state a cause of action for relief upon the ground of fraud, if it does not negative the fact that the actual loss exceeded the amount insured and paid by the plaintiff and his assignors.</p> <p>Id.—Fraud without Damages.—A recovery cannot be had for a fraudulent representation without allegation and proof of damage.</p> <p>Id. — Money Had and Received—Pleading — Averment of Nonpayment.—An action for money had and received is based upon a promise, express or implied, to pay the money to the plaintiff, and the complaint must allege the failure of the defendant to pay the money, which constitutes the breach of the contract, and, failing to make such averment, is insufficient as a complaint for money had and received.</p>