New England Box & Barrel Co. v. Travelers Fire Insurance

This is a bill in equity brought to reform a fire insurance policy issued by the respondent. The bill prays for reformation of the policy on the ground of mutual mistake. The cause was heard by a justice of the superior court on bill, answer, replication and proof. Thereafter the trial justice filed a rescript denying the prayer of the bill and a decree was entered in accordance with his decision. The complainant has duly appealed to this court from the entry of that decree. The only question before us is whether the policy' should be reformed.

It appears in evidence that for some time prior…