Thompson v. Phœnix Ins.

On April 21, 1884, the defendant, in consideration of the sum of $800 paid to it by E. S. Kearney, insured him as “receiver for Holladay v. Holladay,” in the sum of $5,000 against loss or damage by fire on a half interest in the Clarendon hotel and furniture for the term of one year from April 27th; and on the night of May 19, 1884, the property was destroyed by fire. This suit was brought on July 10, 1885, to reform the policy by the plaintiff, as the successor of Kearney in said receivership. The bill alleges that by mistake the policy was made payable to said Kearney “instead of the…