Aetna Life Insurance v. American Zinc, Lead & Smelting Co.
Missouri Court of Appeals
Appeal from. Jasper Circuit Court, Division Number One. — Hon. Joseph I). Perkins, Judge. (1) "Where reformation of an instrument is prayed, the preceding agreement must be shown. Dougherty v. Dougherty, 204 Mo. 237. (2) Courts do-not make agreements for the parties. Both the agreement and the mistake must b.e shown; and the evidence in such case must be clear and convincing.
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Appeal from. Jasper Circuit Court, Division Number One. — Hon. Joseph I). Perkins, Judge. (1) "Where reformation of an instrument is prayed, the preceding agreement must be shown. Dougherty v. Dougherty, 204 Mo. 237. (2) Courts do-not make agreements for the parties. Both the agreement and the mistake must b.e shown; and the evidence in such case must be clear and convincing. Landrum’s testimony, being merely his conclusions or understanding concerning a definite and certain agreement already made and subject only to his approval, was not sufficient. Tesson v. Mut. Ins. Co., 40 Mo. 33; Sweet…
1Opinion of the CourtSturgis', J.
This suit is for a balance upon a premium for liability insurance written by the plain*555tiff and covering defendant’s mining operations in Jasper county. The policy in question is dated December 30, 1909, and was cancelled by the defendant on May 2, 1910.
The rate of the premium was four per cent of the amount of wages expended by the defendant to its employees, provided the policy was not cancelled by the assured before the end of the policy period for oné year, during which the policy would otherwise remain in force. The policy contained a provision for cancellation by either party, but if…
2Cases cited23 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- Fairbanks Canning Co. v. London Guaranty & Accident Co.Missouri Court of Appeals · 1911
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Dougherty v. DoughertySupreme Court of Missouri · 1907
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lafont v. Home InsuranceMissouri Court of Appeals · 1916
- Maryland Casualty Co. v. Boise Street Car Co.Idaho Supreme Court · 1932
- Horine v. Royal InsuranceMissouri Court of Appeals · 1918
- Peterson v. Commonwealth Casualty Co.Missouri Court of Appeals · 1923
- Short v. ThomasMissouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.