Bergeron v. Fontaine

This is a petition in equity to reform certain fire insurance policies so that the plaintiff would be named as a “payee” instead of mortgagee. The Trial Court (Dunfey, J.) decreed reformation and transferred defendants’ exceptions.

On May 25, 1964, Bergeron sold the stock in trade and fixtures of his clothing business to Fontaine for $45,000 and took a note for that amount payable at the rate of $200 a week with interest at 6% on the unpaid balance. He also leased that part of the building in which the store was located to Fontaine for a weekly rental of $100. The evidence would support a find…