St. Paul Fire & Marine Ins. v. McQuaid
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. Hon. O. B. Taylor, Chancellor. Suit by Edward- F. McQuaid against the St. Paul Fire & Marine Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Hinds county. Hon. O. B. Taylor, Chancellor. Suit by Edward- F. McQuaid against the St. Paul Fire & Marine Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. In the case of Thompson v. Phoenix Insurance Co., 136 U. S. 195, at the bottom of page 296 the court lays 'down the rule as to what must be shown to entitle’ a person to the reformation of a written instrument: On page 296 the court said: “We have before us a contract from which, by mistake, material stipulations have been omitted,…
1Opinion of the CourtCook, P. J.
This case originated in the chancery court of the first district of Hinds county, and is an action to reform a certain fire insurance policy issued on the 11th day of December, 1912, by the St. Paul Fire & Marine Insurance Company to Fitzgerald & McQuaid, tenants in common of a frame dwelling located in the city of Jackson, which building was destroyed by fire. The insurance on the building destroyed had been carried by the agency of Wharton & Roberts, located at Jackson, for some years prior to the date of the policy the bill of complaint seeks to reform. All of the policies, including the *441pr…
2Cases cited3 opinions
- Central Union Telephone Co. v. State ex rel. FalleyIndiana Supreme Court · 1889
- Mosby v. WallMississippi Supreme Court · 1851
- Jones v. JonesMississippi Supreme Court · 1906
3Cited by10 opinions
- Terre Haute Cooperage, Inc. v. BranscomeMississippi Supreme Court · 1948
- Hartford Fire Ins. Co. v. Associates Capital Corp.Mississippi Supreme Court · 1975
- Liverpool & London & Globe Ins. v. HintonMississippi Supreme Court · 1917
- Bert Allen Toyota, Inc. v. GraszCourt of Appeals of Mississippi · 2005
- State v. SilvermanOregon Supreme Court · 1934
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