Hartford Insurance v. Haas
Court of Appeals of Kentucky
Case 82 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. 1. After the court had disposed of the only equitable issue in the case, appellant was entitled to a transfer to the ordinary docket and to a trial by jury (Civil Code, section 12.) 2. The court did right in refusing to reform the policy. The only power the court has is to change the written evidence of the contract so as to make it express the contract really made.
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Case 82 — PETITION EQUITY APPEAL PROM DAVIESS CIRCUIT COURT. 1. After the court had disposed of the only equitable issue in the case, appellant was entitled to a transfer to the ordinary docket and to a trial by jury (Civil Code, section 12.) 2. The court did right in refusing to reform the policy. The only power the court has is to change the written evidence of the contract so as to make it express the contract really made. The fact that the assured alone made a mistake, or that the parties mutually misunderstood each other, will not authorize the chancellor to reform the policy. (Wood on…
1Opinion of the Court
JUDGE PRYOR,
delivered the opinion oe the court.
Margaret Haas and lier children were the owners of a brick building in the town of Owensboro, upon which insurance was obtained by her for the sum of two thousand dollars in the Hartford Insurance Company. The premium paid was thirty-two dollars, and the insurance against loss or damage resulting from fire. The fee was in the children of Mrs. Haas, her interest being confined to her dower and a lien for a purchase money note that had been taken up by her after the death of her husband out of her own means.
The policy of insurance is issued in the…
2Cases cited1 opinion
- Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
3Cited by28 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
- Niagara Fire Insurance v. LayneCourt of Appeals of Kentucky · 1915
- Harrington v. Agricultural Insurance Co.Supreme Court of Minnesota · 1930
- Liverpool & London & Globe Insurance v. BollingSupreme Court of Virginia · 1940
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