The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 60
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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FEDERAL REPORTER.
Noble & Orrick, for plaintiffs.
O. B. Sanaum, for defendant.
McCaaaY, C. J., ,(charging jury.) These cases being all of
like nature, and relating to the same questions, have been by
the order of the court consolidated for the purpose of the trial,
and are now to be submitted to you for your verdict upon the
facts and in accordance with the law as given to you by the
court. The plaintiff in an action of this character is, in the
absence of any admission by defendant, bound to establish by
a preponderance of evidence-First, the execution of the con-
tract or policy of insurance sued on; second, the destruction,
total or partial, of the property insured; third, the amount of
the loss, or, in other words, the value of the insured property
destroyed; fourth, that such notice and preliminary proof of
loss as the policy requires has been given.
In these cases the defendants by their answers have ad-
mitted the execution of the contract or policy sued on, as well
as the destruction by fire, as alleged by plaintiff, of the prop-
erty insured. They have also admitted that notice and proof
of loss were duly given in all the cases sued on, to which your
attention will be called hereafter. The defendants say that
the property destroyed (a stock of clothing) was not of the
actual cash value stated by plaintiffs in their petitions, and
this presents the first issue of facts for you to determine. You
are to consider and decide, in the light of all the evidence,
what was the fair and reasonable cash value of the property
in the city of St. Louis on the fourth of April, 1879, when the
fire occurred. In determining this question you will consider
the character and quality of the goods, their cost, their con-
dition, the state of the market, any decline or advance in
value after purchase and before the fire, the invoices previ-
ously made and the proof of subsequent purchases, as well as
all the facts and circumstances developed in the evidence and
bearing upon the subject, and from all the evidence you will
ascertain and by your verdict decide what was the actual cash
value of the goods in the store of the plaintiff at the time of
the fire and destroyed thereby. By the term "actual cash
value" I mean the sum of money the goods would have
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/74/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.