Stout v. City Fire Insurance Co. of New Haven
Supreme Court of Iowa
Appeal from Dubuque City Court. filed an argument in writing, presenting the following points and authorities; I. The policy of insurance shows, that the interest insured was that of a mortgage, whereas the interest of the assured (if he had any) was a mechanics’ lien. In order to correct or modify an instrument of writing, it must be made clearly to appear that both parties intended that different conditions should be inserted, which by mistake were omitted.
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Appeal from Dubuque City Court. filed an argument in writing, presenting the following points and authorities; I. The policy of insurance shows, that the interest insured was that of a mortgage, whereas the interest of the assured (if he had any) was a mechanics’ lien. In order to correct or modify an instrument of writing, it must be made clearly to appear that both parties intended that different conditions should be inserted, which by mistake were omitted. If either party intended to insert the provisions contained in the instrument, under a mistaken idea of the law applicable to it, the…
1Opinion of the CourtBaldwin, J.
This action was brought by the plaintiff, as the assignee of & policy of insurance issued to William Longhurst. The interest of the insured is indicated in the following language: “In consideration of one hundred dollars to them (meaning the defendants) paid by the assured hereafter named, the receipt whereof.is hereby acknowledged, do insure William Longhurst, (mortgagee,) Dubuque, Iowa, against loss, &c., “to the amount of five thousand dollars in Lawrence Block,in the city of Dubuque;” which policy was assigned to plaintiff, the consent of the company being signified in writing, on the…
2Cases cited1 opinion
- Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
3Cited by31 opinions
- Ellis v. Council Bluffs InsuranceSupreme Court of Iowa · 1884
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Blanks v. Hibernia InsuranceSupreme Court of Louisiana · 1884
- Longhurst v. Star InsuranceSupreme Court of Iowa · 1865
- Va. Fire & Marine Ins. v. Buck & NewsonSupreme Court of Virginia · 1891
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