Mitchell v. Capital City Insurance
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Tried before the Hon. Jere N. Williams. The bill in this case was filed on February 26,1892, by the appellant, S. M. Mitchell, against the appellees, The Capital City Insurance Company and the Merchants & Planters Insurance Company, to reform policies of insurance which had been issued by the respondents. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Montgomery. Tried before the Hon. Jere N. Williams. The bill in this case was filed on February 26,1892, by the appellant, S. M. Mitchell, against the appellees, The Capital City Insurance Company and the Merchants & Planters Insurance Company, to reform policies of insurance which had been issued by the respondents. The facts of the case are sufficiently stated in the opinion. Upon the submission of the cause, on the pleadings and proof, the chancellor decreed that the complainant was not entitled to the relief prayed for, and dismissed the bill. Complainant…
1Opinion of the CourtColeman, J.
The purpose of the bill is to reform and correct two several policies of insurance as to their dates. The policies bear date 20fch of December, 1889, and by their terms expire -20th December, 1890. The storehouse and goods insured were destroyed by fire on the 22d of December, 1890, two days after the expiration of the policies, according to the period expressed in the policies. The bill avers that the policies were in fact issued on the 28th day of December, 1889, and prays that they be corrected and reformed so as to express the correct date.
There are no new questions of law involved, and…
2Cases cited4 opinions
- Trapp v. MooreSupreme Court of Alabama · 1852
- Guilmartin v. UrquhartSupreme Court of Alabama · 1886
- Ohlander v. DexterSupreme Court of Alabama · 1892
- Burnell v. MorrisSupreme Court of Alabama · 1894
3Cited by1 opinion
- Moore v. TateSupreme Court of Alabama · 1896