Legal Opinion

Elstner v. Cincinnati Equitable Insurance

Ohio Superior Court, Cincinnati

Decided June 15, 1857Published

Special Term. — On motion by plaintiff for a judgment on the verdict and motion by defendant for a new trial. The facts are sufficiently stated in the decision.

1Opinion of the CourtStorer, J.

The jury to whom the questions of fact were referred, have returned a general verdict for the plaintiff, and found substantially in the affirmative upon the question specially submitted to them by the court.

The plaintiff’ asks for judgment, and the defendant moves for a new trial.

Two questions were presented, and very naturally arose upon the pleadings, there being two causes of action stated *414in tlie petition; one upon a policy of insurance, seeking to recover for au alleged loss by fire; the other in the nature of a bill to reform the policy, on the ground that the real contract between the…

2Cases cited11 opinions

  1. Colson v. ThompsonSupreme Court of the United States · 1817
  2. Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
  3. Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
  4. Graves & Barnewall v. Boston Marine InsuranceSupreme Court of the United States · 1805
  5. Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822

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