Jones v. St. Paul Fire & Marine Ins.

FOSTER, Circuit Judge.

This case may be somewhat briefly stated. Homer Jones, operating a cotton warehouse under the name of Farmers & Merchants Warehouse Company, brought suit to reform a contract of fire insurance, issued to him by St. Paul Fire & Marine Insurance Company, and to recover for destruction by fire of cotton covered by the policy.

The insurer defended on the grounds (1) that there was no meeting of the minds and no contract resulted; (2) that the insurer had breached two promissory warranties. In the District Court the insurer moved for judgment on the first ground and offered to…