Cushman v. New England Fire Insurance
Supreme Court of Vermont
Bill in equity to reform a policy of insurance. He'ard at the December term, 1892,upon the report of a master. Ross, chancellor, decreed for the orator, reforming the policy in accordance with the prayer of the bill. The defendant appeals. The orator Calvin, was the father of the orator Charles R., and they lived together upon, and carried on a farm near the village of St. Johnsbury.
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Bill in equity to reform a policy of insurance. He'ard at the December term, 1892,upon the report of a master. Ross, chancellor, decreed for the orator, reforming the policy in accordance with the prayer of the bill. The defendant appeals. The orator Calvin, was the father of the orator Charles R., and they lived together upon, and carried on a farm near the village of St. Johnsbury. Each of the orators owned individually certain of the personal property on this farm, but it was understood that at the death of Calvin the entire property was to belong to Charles R. The orators agreed to take…
1Opinion of the CourtTaft, J.
This bill seeks to reform a contract of insurance upon the ground that the contract expressed in the policy is not the one that was agreed upon by the parties..Some of the property which the orators claimed should have *572been covered by the contract belonged to the orator Calvin and the remainder to the orator Charles, none of it was joint property. It was agreed that the property should be insured in the name of Charles alone for the reason that (as alleged in the bill) ‘‘ the orator Calvin H. told the said Moore (defendant’s agent) that he wanted it all insured in the name of his said son…
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