Shapiro v. Albany Ins. Co. of N.Y.

In disposing of these causes, I am unable to agree with the conclusions reached in the foregoing opinion for the following reasons. In a bill in equity, brought to accomplish the reformation of a written instrument because of mutual mistake, and where no fraud is involved, it is well settled that the complainant to secure a decree in his favor must prove that the instrument as existing does not express the real intent and purpose of both parties, and that the mistake which brought about this result was mutual. It must also appear that the minds of the parties had already met in a definite…