Mead v. . Westchester Fire Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiffs entered upon the report of a referee and directing a new trial. This action was brought to reform a policy of fire insurance issued by defendant through its agent, one Dales, to Thomas Foley, loss, if any, payable to plaintiffs, and to recover upon the policy thus reformed.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiffs entered upon the report of a referee and directing a new trial. This action was brought to reform a policy of fire insurance issued by defendant through its agent, one Dales, to Thomas Foley, loss, if any, payable to plaintiffs, and to recover upon the policy thus reformed. The description of the property in the policy is as follows: “ A two-story frame dwelling situated on the north side of Cornwall road at Canterbury, Orange county, Hew York.” The…
1Opinion of the CourtRapallo, J.
The power of courts of equity to reform written instruments is one in the exercise of which great caution should be observed. To justify the court in changing the language of the instrument sought to be reformed (except in case of fraud), it must be established that both parties agreed to something different from what is expressed in the writing, and the proof upon this point should be so clear and convincing as to leave no room for doubt. Losing sight of these cardinal principles, in the administration of this peculiar remedy, would lead to the assumption of a power which no court possesses,…
2Cited by25 opinions
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- Houser v. AustinIdaho Supreme Court · 1886
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Boyce v. Hamburg-Bremen Fire InsuranceSuperior Court of Pennsylvania · 1904
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