Agricultural Insurance Co. of New York v. Anderson
Mississippi Supreme Court
. Appeal from the chancery court of Hinds county. HoN. Lamae F. Eastebung, Chancellor. Suit by Mrs. A. C. Anderson against the Agricultural Insurance Company of New York. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. The doctrine of estoppel has no place here.
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. Appeal from the chancery court of Hinds county. HoN. Lamae F. Eastebung, Chancellor. Suit by Mrs. A. C. Anderson against the Agricultural Insurance Company of New York. From a decree for complainant, defendant appeals. The facts are fully stated in the opinion of the court. The doctrine of estoppel has no place here. We submit that the jurisdiction of a chancery court to reform a policy cannot be invoked on the equity ground of reformation when there is no ground for such reformation, and then undertake to recover on a separate and distinct ground applicable to legal actions purely.…
1Opinion of the CourtHolden, J.
This is a suit in chancery to reform an insurance and to recover thereon six thousand dollars for the • loss of cotton destroyed by fire belonging to the appellee, Mrs. A. C. Anderson. • The chancellor sustained the bill upon two grounds: First, that there was a mutual mistake in°the policy in describing the location of the cotton insured; and, second, that the appellant insurance company was estopped from denying liability for the reason that it accepted the risk upon its independent0 investigation of the location of the cotton before issuing the policy. From this decree the insurance…
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