Edmonds's Appeal
Supreme Court of Pennsylvania
Appeal by Jacob Edmonds from the decree of the Court of Common Pleas of' Venango county: In Equity: No. 132, to October and November Term 1868. The Cumberland Yalley Mutual Protection Company filed a bill against Jacob Edmonds, alleging that on the 13th of September 1862 the defendant made a written application to them for insur anee against fire on hi's buildings and their contents for three years, and in pursuance of the application it was resolved to issue a policy for…
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Appeal by Jacob Edmonds from the decree of the Court of Common Pleas of' Venango county: In Equity: No. 132, to October and November Term 1868. The Cumberland Yalley Mutual Protection Company filed a bill against Jacob Edmonds, alleging that on the 13th of September 1862 the defendant made a written application to them for insur anee against fire on hi's buildings and their contents for three years, and in pursuance of the application it was resolved to issue a policy for three years; that by mistake, the scrivener who prepared the policy inserted “five” instead of “three,” so that it…
1Opinion of the Court
The opinion of the court was delivered, October 29th 1868, by
Read, J.
Relief will be granted in cases of written instruments only where there is a plain mistake clearly made out by satisfactory proofs. But the qualification is most material, since it cannot fail to operate as a weighty caution upon the minds of all judges, and it forbids relief whenever the evidence is loose, equivocal or contradictory, or is in its texture open to doubt, or to opposing presumptions. Such is the language of Judge Story in his admirable Commentaries on Equity Jurisprudence. The proof must be such as will strike…
2Cited by3 opinions
- Graham v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1907
- Gailey v. New Castle Elastic Pulp Plaster Co.Supreme Court of Pennsylvania · 1907
- Jackson v. Pilachewski, Pennsylvania Court of Common Pleas, Lackawanna County1926