Delaware Ins. v. Hogan
U.S. Circuit Court for the District of Pennsylvania
[This was a bill to reform a policy of marine insurance. An action at law was previously brought upon the policy, and judgment given for plaintiff. See Hogan v. Delaware Ins.
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[This was a bill to reform a policy of marine insurance. An action at law was previously brought upon the policy, and judgment given for plaintiff. See Hogan v. Delaware Ins. Co., Case No. 6,582.] This bill states no new matter, except that the defendant intended to insure according to the order, and calls upon the defendant to declare, if this was not his intention; that is, that the policy effected here was.to be void, if a policy were done in England after as well as before this. The defendant denies that this was his intention. For the complainants it was contended, that the order was the…
1Opinion of the CourtWashington, Circuit Justice
When this case was decided on the law side of the court, the whole question wás taken into consideration; every thing being viewed as done, which a court of equity could properly have directed to be done. The true question was then, and still is. what was the agreement between these parties? The argument urged upon the former occasion, and again repeated, was, that the order alone constituted the agreement. What then is the use of the policy? If it be not evidence of the contract finally concluded upon, it must be considered as a superfluous document, unnecessarily executed, and improperly…
2Cited by1 opinion
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