Rosenberg Suit & Coat Co. v. General Accident Fire & Life Assur. Corp.

BURNETT, J.,

Dissenting. — The only question presented to us on appeal in this case is the sufficiency of the facts stated in the complaint to constitute a cause of suit for the reformation of a contract of insurance on the ground of mistake. The first two paragraphs of that pleading are devoted to á description of the corporate character of the parties. The third paragraph reads thus:

“That on the third day of October, 1918, plaintiff and defendant entered into a contract of insurance. *122whereby defendant contracted and agreed for a premium to indemnify the plaintiff against all loss by burglary…