Guernsey v. American Insurance
Supreme Court of Minnesota
The defendant a company located at Freeport, Illinois, issued to the plaintiff in June, 1865, a policy of insurance against fire, for five years, “ On his dwelling house, “ “ household furniture therein, “ “ barn and shed adjoining, “ “ grain therein, “ On his hay and other fodder therein, “ “ live stock and farming utensils therein,” reference being made to the plaintiff’s application for a more particular description, and as forming part of the policy.
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The defendant a company located at Freeport, Illinois, issued to the plaintiff in June, 1865, a policy of insurance against fire, for five years, “ On his dwelling house, “ “ household furniture therein, “ “ barn and shed adjoining, “ “ grain therein, “ On his hay and other fodder therein, “ “ live stock and farming utensils therein,” reference being made to the plaintiff’s application for a more particular description, and as forming part of the policy. The plaintiff brought this action Nov. 7, 1867, to reform the policy by striking out the word “therein” wherever the same occurs in the…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The appellant unites an equitable with a legal cause of action, viz.: to reform the policy and to recover for a loss under the policy as reformed.
The issue as to the former was triable by the court, subject to the right of the parties to consent, or of the court to order, that the whole issue, or any specific question of fact involved, be tried by a jury. Gen. Stat. ch. 66, sec. 197-8-9.
The case coming on in its order for trial in the court below, a jury was impanneled and sworn therein; but the case as settled does not show, that the parties consented, or that the…
2Cases cited1 opinion
- Berkey v. JuddSupreme Court of Minnesota · 1869
3Cited by4 opinions
- Winston v. BurnellSupreme Court of Kansas · 1890
- Northwestern Nat. Ins. v. McFarlaneCourt of Appeals for the Ninth Circuit · 1931
- Phœnix Insurance v. MaxsonAppellate Court of Illinois · 1891
- Smith v. ReidSouth Dakota Supreme Court · 1932