Cook v. Westchester Fire Insurance
Nebraska Supreme Court
Appeal from the district court of Washington county. Heard below before Dickinson, J. IF. TF. Morsman: This court has, in two cases, decided since the decree was entered in the case at bar, settled the question involved. In Home Fire Ins.
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Appeal from the district court of Washington county. Heard below before Dickinson, J. IF. TF. Morsman: This court has, in two cases, decided since the decree was entered in the case at bar, settled the question involved. In Home Fire Ins. Co. v. Wood, 50 Nebr., 381, 385, wherein the facts were much like the case at bar, it is said: “That a court of equity will relieve against a mutual mistake there can be no question; but it will not reform a policy of insurance or other contract on the ground of a mistake of fact, unless the proof is clear, convincing and satisfactory, and free from…
1Opinion of the CourtSullivan, J.
This is an appeal-from a judgment of the district court of Washington county reforming and enforcing a contract of insurance. The property covered by the policy *129in suit consisted of a stock of merchandise and a two-story frame store-building. The personal property belonged to Charles Cook, and the realty to his mother, Julia F. Cook. Charles, who was doing business under the trade name of O. Y. Palmer & Co., occupied his mother’s store, and was her agent for the purpose of keeping it insured. ' E. B. Carrigan, a local agent for the Westchester Fire Insurance Company, called on Mr. Cook and…
2Cases cited1 opinion
- German Fire Insurance v. GueckIllinois Supreme Court · 1889
3Cited by7 opinions
- Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
- Robinson v. Union Automobile InsuranceNebraska Supreme Court · 1924
- Niagapa Fire Insurance v. JordanSupreme Court of Georgia · 1910
- Sundin v. County Fire InsuranceSupreme Court of Minnesota · 1919
- British America Assur. Co. v. ShoresSupreme Court of Oklahoma · 1952
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