Bailey v. American Cent. Ins.
United States Circuit Court
In Equity. This is an action in equity, brought to reform a policy of insurance and renewal certificate, and to recover judgment for a loss sustained thereunder. The facts appear as follows: That on or about October 24,1878, complainant held a mortgage for $1,200 on a certain dwelling-house and store-room in the town of Kahoka, Clark county, Missouri, the legal title being in John Wagner.
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In Equity. This is an action in equity, brought to reform a policy of insurance and renewal certificate, and to recover judgment for a loss sustained thereunder. The facts appear as follows: That on or about October 24,1878, complainant held a mortgage for $1,200 on a certain dwelling-house and store-room in the town of Kahoka, Clark county, Missouri, the legal title being in John Wagner. On that day complainant, through his agent, A. J. Mathias, applied to defendant for the insurance of his interest in such property in the sum of $1,000, and paid the necessary premium for the insurance of…
1Opinion of the CourtMcCrary, C. J.
The policy upon its face is for the insurance of John Wagner against loss by fire upon a certain building, and contains a provision recognizing the complainant, Noah Bailey, as mortgagee, and agreeing to pay the loss, if any, in the first instance to him, as his interest may appear. It is insisted on the part of complainant that this does not express the contract as intended by the-parties; that it was so written by mistake; that the contract was for the insurance of the interest of Bailey as mortgagee, and not to insure Wagner’s interest at all and that it should be reformed so as to express…
2Cases cited38 opinions
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