Greditzer v. Continental Insurance
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Jno. A. Hoclcaday, Judge. (1) The jurisdiction and power of courts of equity-to reform and correct written instruments on the grounds of fraud, mistake, or the omission of material facts, is unquestioned. Parker v. Vanhoozer, 142 Mo. 627; 15 American and English Encyclopedia of Law, 626, and cases there cited.
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Appeal from Boone Circuit Court. — Hon. Jno. A. Hoclcaday, Judge. (1) The jurisdiction and power of courts of equity-to reform and correct written instruments on the grounds of fraud, mistake, or the omission of material facts, is unquestioned. Parker v. Vanhoozer, 142 Mo. 627; 15 American and English Encyclopedia of Law, 626, and cases there cited. (2) The appellate court, while indulging a presumption in favor of the correctness of the finding of the trial judge in an equity case, will re-examine the whole record, and arrive at its own conclusions upon the facts in evidence; “otherwise…
1Opinion of the CourtSmith, P. J.
— The petition contains two counts, in the first of which it is sought to reform a policy of fire insurance by changing the name of the insured from that of Alex. ■Greditzer to that of Rose Greditzer, the latter being the name of plaintiff, and the second was to recover judgment on the policy itself.
In the first it was alleged:(1) That plaintiff being the owner of certain' personal property and desiring to insure the same against loss by fire, instructed her husband, A. Greditzer, as her agent, to procure such insurance, and that her said agent in pursuance of said instructions applied…
2Cases cited5 opinions
- Taylor v. CayceSupreme Court of Missouri · 1888
- Rawlins v. RawlinsSupreme Court of Missouri · 1890
- Sayer v. DevoreSupreme Court of Missouri · 1889
- Barlow v. ElliottMissouri Court of Appeals · 1894
- Kinzer v. KinzerSupreme Court of Missouri · 1895
3Cited by1 opinion
- Horine v. Royal InsuranceMissouri Court of Appeals · 1918