Franklin Fire Insurance v. Hewitt, Allison, & Co.

Judge Marshall

delivered the opinion of the Court.'

This bill was filed by Hewitt, Allison, & Co. to rectify a policy of insurance, averred to have been made out by mistake or fraud, in terms not embracing the subject intended, to recover for the loss, according to the agreement set up, independently of the policy. The contract of insurance was negociated on the part of the Insurance company, by Wm. S. Vernon, their agent in Louisville, who, upon receipt of the premium, delivered a receipt or certificate, dated on the 15th of April, 1840, and to the effect that he had “Received of Messrs.…