Metzger v. . &198tna Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 14,1919, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. There is absolutely no evidence upon which to grant reformation of the policy. The complaint was properly dismissed. (Quinlan v. P. W. Ins. Co., 133 N. Y. 356; Hay v. Star Ins.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 14,1919, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. There is absolutely no evidence upon which to grant reformation of the policy. The complaint was properly dismissed. (Quinlan v. P. W. Ins. Co., 133 N. Y. 356; Hay v. Star Ins. Co., 77 N. Y. 235.) The rule is that a party seeking reformation must prove that there was a mutual mistake by evidence that is clear, positive and…
1Opinion of the CourtCollin, J.
The action is to reform a policy of fire insurance, issued by the defendant to the Kingston Chemical Manufacturing Company, and to recover upon the policy as reformed. The trial justice, at the close of the evidence in behalf of the plaintiff, ordered the dismissal of the complaint. The Appellate Division reversed the consequent judgment and granted a new trial.
The direct evidence, and the reasonable inferences from it, most favorable to the plaintiff, would have permitted the jury to find as the facts: The policy, issued June 9,1916, insured for the term of one year from that date, against…
2Cases cited22 opinions
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
17 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- Western World Insurance Company v. Stack Oil, Inc.Court of Appeals for the Second Circuit · 1990
- Gillman v. Chase Manhattan Bank, N. A.New York Court of Appeals · 1988
- Amend v. HurleyNew York Court of Appeals · 1944
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Arnav Industries, Inc. Retirement Trust v. BrownNew York Court of Appeals · 2001
158 more not listed; retrieve them via the Exa API.