Eastman v. Provident Mutual Relief Ass'n
Supreme Court of New Hampshire
Bill in Equity', to reform a certificate of membership issued by the defendants to Gigar, the plaintiff’s intestate, by making it payable to the plaintiff. Facts found by the court.
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Bill in Equity', to reform a certificate of membership issued by the defendants to Gigar, the plaintiff’s intestate, by making it payable to the plaintiff. Facts found by the court. May 31, 1880, Gigar purchased a certificate of membership wherein the defendants agreed to pay as a benefit, upon due notice of his death and a surrender of the certificate, a sum not exceeding $2,000, “ to such person or persons as he may by entry on the record-book of the association or on the face of this certificate direct the sum to be paid, provided he is in good standing when he dies.” He died in good…
1Opinion of the CourtCarpenter, J.
In receiving the application, Rogers represented the defendants. Both parties intended to make the benefit payable to Gigar’s administrator. That it was not made payable to-him was due to their mutual misapprehension of the legal effect of the language used in the certificate. Eastman v. Association, 62 N. H. 555. Equity requires an amendment of the writing that, will make the contract what the parties supposed it was and intended it should be, although their mistake is one of law and not of fact. Kennard v. George, 44 N. H. 440, 446 ; Leach v. Noyes, 45 N. H. 364, 367; Brown v. Glines, 42 N.…
2Cases cited5 opinions
- Northrop's executors v. GravesSupreme Court of Connecticut · 1849
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
- Sanger v. WoodNew York Court of Chancery · 1818
- Stedwell v. AndersonSupreme Court of Connecticut · 1851
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