National Traders Bank v. Ocean Insurance
Supreme Judicial Court of Maine
Bill in equity. The complainants seek to have an insurance policy issued by the Ocean Insurance Company upon the barque Maria Henry, of which they are the owners, reformed so as to express what they allege 'to have been the intention of both partieB at the time it was made, which (as written) it now fails to do, owing to a mistake in filling it out, as they say.
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Bill in equity. The complainants seek to have an insurance policy issued by the Ocean Insurance Company upon the barque Maria Henry, of which they are the owners, reformed so as to express what they allege 'to have been the intention of both partieB at the time it was made, which (as written) it now fails to do, owing to a mistake in filling it out, as they say. On the fifth day of April, 1866, at Liverpool, Eng., the master of the vessel chartered her to take a cargo to some place in Cuba “and there, or at some other usual place in the island be made ready and adapted to take on board a full…
1Opinion of the CourtWalton, J.
This is a bill in equity asking the court to reform an insurance policy. The authority of the court to grant the relief prayed for is conceded. The only question is whether the evidence of mistake is such as to justify the court in exercising its authority.
It se'ems to be proved beyond reasonable doubt that the owners of the bark, Maria Henry, obtained for her a charter in Liverpool, requiring her to proceed to some safe port in Cuba, Havana excepted, there to discharge her outward cargo, and at that port, “or at one other usual place in the island,” to take in a return cargo, and thence…
2Cited by4 opinions
- Bartlett v. BrownSupreme Court of Missouri · 1894
- Sinclair v. Home Indemnity CompanySupreme Judicial Court of Maine · 1963
- Holden v. Law Union & Rock Ins.Oregon Supreme Court · 1912
- Gregan v. Northwestern Ins.Oregon Supreme Court · 1917