Epstein v. State Insurance
Oregon Supreme Court
Defendant appeals. If there is any one principle settled in the law, it is that a court of equity will not reform a deed or other instrument in writing upon the ground of mistake unless the mistake is established by clear and satisfactory evidence, and it be shown not to have arisen from the negligence of the party who seeks the relief.
Read the full summary
Defendant appeals. If there is any one principle settled in the law, it is that a court of equity will not reform a deed or other instrument in writing upon the ground of mistake unless the mistake is established by clear and satisfactory evidence, and it be shown not to have arisen from the negligence of the party who seeks the relief. (Shively v. Welch, 2 Or. 288; Lewis v. Lewis, 5 Or. 169; Everts■ v. Steger, 5 Or. 147; Stephens v. Murtón, 6 Or. 193 ;■ Pemillard v. Preseott, 8 Or. 37.) The respondent was bound by the terms of the policy after having accepted and retained it as shown by the…
1Opinion of the CourtBeaN, J.
This is a suit to reform an insurance policy issued by the defendant company to plaintiff under the name of M. Epstein against loss or damage by fire to the *181amount of nine hundred dollars, as follows: Five hundred dollars on his household furniture, useful and ornamental and family stores; two hundred dollars on family wearing apparel; one hundred dollars on his trunk of tailors’ trimmings; fifty dollars on his sewing-machine; twenty-five dollars on carpets, and twenty-five dollars on two stoves (an equal amount on each), and for enforcing said policy as reformed. It is alleged that by the…
2Cases cited5 opinions
- Lewis v. LewisOregon Supreme Court · 1874
- Evarts v. StegerOregon Supreme Court · 1874
- Stephens v. MurtonOregon Supreme Court · 1876
- Remillard v. PrescottOregon Supreme Court · 1879
- Shively v. WelchOregon Supreme Court · 1868
3Cited by17 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Mitchell v. HolmanOregon Supreme Court · 1897
- Thorton v. KrimbellOregon Supreme Court · 1895
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- Hughey v. SmithOregon Supreme Court · 1913
12 more not listed; retrieve them via the Exa API.