Phenix Ins. Co. of Brooklyn, N.Y. v. Ceaphus
Supreme Court of Oklahoma
Error from. District Court, Bryan County; Summers Hardy, Judge. Action by Ben Ceaphus against the Phenix Insurance Company, of Brooklyn, N. Y. Judgment for plaintiff, and defendant brings error.
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Error from. District Court, Bryan County; Summers Hardy, Judge. Action by Ben Ceaphus against the Phenix Insurance Company, of Brooklyn, N. Y. Judgment for plaintiff, and defendant brings error. This action was instituted to recover on a policy of insurance, written and issued by plaintiff in error, hereinafter called the company, to defendant in error, hereinafter named the insured,. upon a petition, omitting the formal parts, which reads: “That on January 2, 1907, for and in consideration of a premium paid to said defendant by plaintiff in the sum of $30, defendant company insured the…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). There .are two controlling questions in this case:(1) Did the court err in permitting the amendment to the petition, allowed after remand of this case by this court?(2) Did the court err in decreeing a reformation of the policy of insurance? These questions will be considered in their order.
In Wynnewood Cotton Oil Co. v. Moore, post, p. ..., 153 Pac. 633, it is held:
“The statutes and also the decisions of the courts of this state are extremely liberal in permitting amendments to pleadings, so long as such amendments are in furtherance…
2Cases cited5 opinions
- Atlantic & Pacific Railroad v. LairdSupreme Court of the United States · 1896
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Motsenbocker v. Shawnee Gas & Electric Co.Supreme Court of Oklahoma · 1915
- Wynnewood Cotton Oil Co. v. MooreSupreme Court of Oklahoma · 1915
- Williams v. North German Ins.U.S. Circuit Court for the Southern District of Iowa · 1885
3Cited by18 opinions
- Security Ins. Co. of New Haven v. CameronSupreme Court of Oklahoma · 1922
- Armstrong v. MaySupreme Court of Oklahoma · 1916
- Norem v. Iowa Implement Mutual InsuranceSupreme Court of Iowa · 1923
- United States Fire Ins. Co. v. WhitchurchSupreme Court of Oklahoma · 1929
- Commercial Casualty Ins. Co. v. ConnelleeSupreme Court of Oklahoma · 1932
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