Hearne v. Marine Insurance
Supreme Court of the United States
Appeal in equity from the decree of the Circuit Court for the District of Massachusetts. Hearne filed a bill in the court below against the New England Mutual Marine Insurance Company to reform a contract of insurance, he alleging that the policy as made out did not conform to the. agreement of the parties,- taking that agreement with the usage or custom which he insisted entered into, and-formed a pan of it.
Read the full summary
Appeal in equity from the decree of the Circuit Court for the District of Massachusetts. Hearne filed a bill in the court below against the New England Mutual Marine Insurance Company to reform a contract of insurance, he alleging that the policy as made out did not conform to the. agreement of the parties,- taking that agreement with the usage or custom which he insisted entered into, and-formed a pan of it. The case Was thus: On the 7th of May, 1866, Hearne mad'e his application by litter to. the company .for insurance. He said: The bark Maria Henry is chartered to go from Liverpool to Cuba…
1Opinion of the CourtJustice Swayne
having stated the case,.delivered
-the opinion of the court.. The reformation of written contracts for fraud or mistake' 'is an ordinary head of equity-jurisdiction. The-rules which govern the exercise of this power are founded in good sense and.are well settled.- Where the agreement as reduced-to -writing, omits or contains térms of stipulations contrary to the common intention of the parties, the instrument will -be corrected so as to make it couform to their real intent. The parties will be placed as they would have stood if the mis-, .take had not-occurred. *
Thé party alleging the mistake…
2Cases cited2 opinions
- National Fire Insurance v. CraneCourt of Appeals of Maryland · 1860
- Baldwin v. MildebergerThe Superior Court of New York City · 1829
3Cited by119 opinions
- CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Anderson v. Twin City Rapid Transit Co.Supreme Court of Minnesota · 1957
114 more not listed; retrieve them via the Exa API.