Phœnix Fire Insurance v. Gurnee
New York Court of Chancery
This was an appeal from the equity court of the first circuit. The complainant applied to the clerk of the defendants, for an insurance on his grist mill in Haverstraw, and the clerk took down a memorandum of the insurance required, which was signed by the complainant and left with the defendants, in the words and figures following ; “ On a two story and a half frame grist mill, situate in the town of Haverstraw, on Minisicongo Creek, in Rockland county, one run of stones, 2…
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This was an appeal from the equity court of the first circuit. The complainant applied to the clerk of the defendants, for an insurance on his grist mill in Haverstraw, and the clerk took down a memorandum of the insurance required, which was signed by the complainant and left with the defendants, in the words and figures following ; “ On a two story and a half frame grist mill, situate in the town of Haverstraw, on Minisicongo Creek, in Rockland county, one run of stones, 2 bolts, 1 spare runner, with privilege to use a stove in second story. Cost $1,750, insure $1,200. New York, 22d Sept.…
1Opinion of the Court
The Chancellor :—It is well settled that a court of equity has jurisdiction to correct mistakes in policies of insurance, as well as in all other written instruments. (Phil, on Ins. 14.) But the evidence of such mistake, and that both parties understood the contract in the manner in which it is sought to be reformed, should be clear and satisfactory. In policies of insurance, the label or written memorandum from which the policy was filled up, is always considered of great importance in determining the nature of the risk, and the intention of the parties. Thus, in Motteaux v. The London…
2Cited by15 opinions
- Wyche v. GreeneSupreme Court of Georgia · 1852
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- Mutual Benefit Life Insurance v. RuseSupreme Court of Georgia · 1850
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