Tesson v. Atlantic Mutual Insurance
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. I. The evidence is conclusive and overwhelming that the defendant never did agree to insure any other building than the one described in the written application and policy; and there is no testimony in this cause showing any other agreement than the one evidenced by the writings. II.
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Appeal from St. Louis Court of Common Pleas. I. The evidence is conclusive and overwhelming that the defendant never did agree to insure any other building than the one described in the written application and policy; and there is no testimony in this cause showing any other agreement than the one evidenced by the writings. II. To sustain a petition in equity for the reformation of a written instrument on the ground of accident or mistake, it is esséntial that the error or mistake be on both sides, and that it be so must be distinctly proved — Adams’ Eq. 411, s. p. 171; 1 Story’s Eq. §§ 155,…
1Opinion of the CourtHolmes, Judge
This is a petition in the nature of a bill in equity to re-form a policy by correcting a mistake, alleged to have been i made in the framing of the instrument, in order to make it ( conform to the real contract of the parties, and for relief I upon the policy so reformed. The court below granted the f relief prayed, and the case comes up by appeal.
■ It appears that the agent of the insured made a written •'application to the company in these words : “$5,000 fire in- \ surance wanted for six months on a 3 or 4 story brick distill- ' ery and machinery, not running, no fire about it, situated \…
2Cases cited4 opinions
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Plahto v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1866
- Delaware Ins. v. HoganU.S. Circuit Court for the District of Pennsylvania · 1807
3Cited by24 opinions
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Sweet v. OwensSupreme Court of Missouri · 1891
- Hoffman v. Fidelity & Casualty Co.Supreme Court of Connecticut · 1939
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
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