Peever Mercantile Co. v. State Mutual Fire Ass'n of Canton
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. James II. McCoy, Judge. Action by the Peever Mercantile Company against the State Mutual Fire Association of Canton, S. D. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Roberts County. Hon. James II. McCoy, Judge. Action by the Peever Mercantile Company against the State Mutual Fire Association of Canton, S. D. Judgment for plaintiff, and defendant appeals. A reformation of a written instrument will -not be awarded on account of a mere unilateral mistake unaccompanied by fraud. 6 Pomeroy’s Equity Jurisprudence, § 676, being 2 Pomeroy’s Equitable Remedies; notes to Williams v. Hamilton, 65 A. S. R. 490-522. The plaintiff could not be considered a member of the association when it had ignored the proffered policy and had failed to do…
1Opinion of the CourtCorson, J.
This is an appeal by -the defendant from a judgment in favor of the plaintiff and order denying a new trial. The action was instituted by the plaintiff to recover of the defendant the amount of an alleged insurance by the defendant on plaintiff’s stock of goods, destroyed by fire at Sisseton, in this state.
The complaint is in the usual form, and it will only be necessary -to refer to the ninth and tenth allegations, which are as follows: “(9) That plaintiff was incorporated under the name of the *3‘Peever-Gorham Mercantile Company,’ but that afterwards by amendment duly and legally made its…
2Cases cited3 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Welfley v. Shenandoah I., L., M. & M. Co.Supreme Court of Virginia · 1887
- Wardens & Vestry of Trinity Church v. HallSupreme Court of Connecticut · 1852
3Cited by14 opinions
- Standard Casualty Company v. BoydSouth Dakota Supreme Court · 1955
- Bates v. SmithSouth Dakota Supreme Court · 1925
- Spackman v. GrossSouth Dakota Supreme Court · 1910
- Peever Mercantile Co. v. State Mut. Fire Ins.South Dakota Supreme Court · 1910
- Schultz v. Des Moines Mutual Hail & Cyclone InsuranceSouth Dakota Supreme Court · 1915
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