Home Insurance & Banking Co. v. Lewis
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The appellee brought suit upon a policy of insurance, issued on February 3, 1873, for one year, made by appellant upon three frame buildings situated on lots numbers 11,14, and 15, in block number 309, in the town of Hearne, which were consumed by fire during the existence of the policy.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. The appellee brought suit upon a policy of insurance, issued on February 3, 1873, for one year, made by appellant upon three frame buildings situated on lots numbers 11,14, and 15, in block number 309, in the town of Hearne, which were consumed by fire during the existence of the policy. The number of the block upon which the buildings burned were situated was number 609, and the question was whether, under the circumstances, appellant was liable. Judgment was rendered against the appellant for the full amount of the policy.…
1Opinion of the Court
Gould, Associate Justice.
“In cases of written agreements, where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both *630parties,” equity will reform the contract, (1 Story’s Eq., sec. 155,) and “ a policy of insurance is just as much within reach of the principle as any other written contract.” (Andrews & Shepherd v. Essex Fire Ins. Co., 3 Mason, 10; Kerr on Fraud and Mistake, 421; Harris v. Columbiana Co. Ins. Co., 18 O., 116; Firemen’s Ins. Co. v. Powell, 13 B. Mon., 311; National Fire Ins. Co. v. Crane, 16 Md., 260; Flanders on Fire…
2Cases cited7 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- National Fire Insurance v. CraneCourt of Appeals of Maryland · 1860
- Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
- Berry v. WrightTexas Supreme Court · 1855
- May v. Buckeye Mutual InsuranceWisconsin Supreme Court · 1870
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3Cited by14 opinions
- Continental Insurance v. PearceSupreme Court of Kansas · 1888
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- Supreme Lodge of the Fraternal Brotherhood v. JonesCourt of Appeals of Texas · 1912
- Automobile Insurance Co., of Hartford v. BuieCourt of Appeals of Texas · 1923
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