Boardman v. Insurance Co. of Pennsylvania
Oregon Supreme Court
From Multnomah: George 1ST. Davis, Judge. Suit by E. 0. Boardman and S. Bartle, comprising the partnership firm of Boardman & Bartle, against the Insurance Company of the State of Pennsylvania, Theodore Trautman and R. C. Allen, to reform an insurance policy. There was a decree for plaintiffs and defendant insurance company appeals. Reversed. Suit Dismissed. Department 1. Statement by Mr. Justice Burnett.
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From Multnomah: George 1ST. Davis, Judge. Suit by E. 0. Boardman and S. Bartle, comprising the partnership firm of Boardman & Bartle, against the Insurance Company of the State of Pennsylvania, Theodore Trautman and R. C. Allen, to reform an insurance policy. There was a decree for plaintiffs and defendant insurance company appeals. Reversed. Suit Dismissed. Department 1. Statement by Mr. Justice Burnett. This is a suit by the partnership of Boardman & Bartle to correct an alleged mistake in an insurance policy issued by the defendant company so as to strike out the words “Boardman & Miller”…
1Opinion of the CourtJustice Burnett
delivered the opinion of the .court.
1. The vital question to be determined is whether a mistake has been shown in the framing of the policy within the meaning of the law so as to justify its amendment according to the prayer of the plaintiffs. The precept on the subject of correction of an instrument for a mistake is firmly implanted in the jurisprudence of this state to the effect that the complaint must distinctly allege what the original agreement of the parties was, and point out with clearness and precision wherein there was a misunderstanding; that such mistake was mutual and' did not…
2Cases cited24 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
- Evarts v. StegerOregon Supreme Court · 1874
- Meier v. KellyOregon Supreme Court · 1890
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3Cited by18 opinions
- Moore v. Mutual of Enumclaw InsuranceOregon Supreme Court · 1993
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Comer v. World Insurance Co.Oregon Supreme Court · 1957
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
13 more not listed; retrieve them via the Exa API.