Porter v. Commercial Casualty Insurance
New York Court of Appeals
I. Eeformation of a contract is improper where mistake is unilateral and no fraud exists. To warrant reformation mistake must be mutual. (Christopher St. B. Co. v. Si. B. Co., 149 Y. 51; Salomon v. North British & M. Ins. Co., 215 N. Y. 214; Metsger v. 2Etna Ins. Co., 227 N. Y. 411.) II. Evidence must be clear, positive and convincing before a contract can be rewritten by the court.
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I. Eeformation of a contract is improper where mistake is unilateral and no fraud exists. To warrant reformation mistake must be mutual. (Christopher St. B. Co. v. Si. B. Co., 149 Y. 51; Salomon v. North British & M. Ins. Co., 215 N. Y. 214; Metsger v. 2Etna Ins. Co., 227 N. Y. 411.) II. Evidence must be clear, positive and convincing before a contract can be rewritten by the court. Reformation is never granted upon a probability, nor even upon a mere preponderance evidence, but only upon a certainty of the error. (Salomon v. North British & M. Ins. Co., 215 N. Y. 214; Susquehanna S. S. Co.…
1Opinion of the CourtConwat, J.
The plaintiff was employed in 1936 as a dining room attendant in the Wassaic State School. After her employment she became a member of the New York State Civil Employee’s Association, hereinafter referred to as “ Association ”. The defendant, Commercial Casualty Insurance Co., hereinafter referred to as “ Company”, made an agreement under which, upon application of a member, it issued a policy of accident and health insurance under what is described in the record as a group plan as distinguished from a group insurance policy. The group plan was not introduced into evidence. Two members of the…
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- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Hotchkiss v. National City Bank of New YorkDistrict Court, S.D. New York · 1911
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- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
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