Legal Opinion

Malleable Iron Works v. Phœnix Insurance

Supreme Court of Connecticut

Decided February 15, 1857PublishedCited by 23 opinions

This was a petition in chancery, for the reformation of a contract of insurance, and praying for a decree that the respondents pay the sum of $>5,000, the amount of the insurance. The facts were found by a committee. The mistake in the contract was claimed to be in the answer to the 16th interrogatory of the application of the petitioners for insurance.

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This was a petition in chancery, for the reformation of a contract of insurance, and praying for a decree that the respondents pay the sum of $>5,000, the amount of the insurance. The facts were found by a committee. The mistake in the contract was claimed to be in the answer to the 16th interrogatory of the application of the petitioners for insurance. The interrogatory was, Is a watch kept upon the premises during the night ? Is there a good watch-clock ? Is any other duty required of the watchman than watching for the safety of the premises ? Is the building left alone at any time after…

1Opinion of the CourtEllsworth, J.

The petitioners ask, by their bill, that the superior court will reform a certain policy of insurance, and order the respondents to pay $5,000, which they say is due them, for the loss of their iron works. The error which *472the court is asked to correct, consists in the answer, as it now stands, to the 16th interrogatory in the proposals. That answer says that there was a watch upon the premises until 12 o’clock, P. M., and likewise a watch-clock. This answer, or one just like it, we held in the late case of the Glendale Woolen Company, 21 Conn., 19, (being expressly made a part of the policy,)…

2Cases cited4 opinions

  1. Sandford v. HandyNew York Supreme Court · 1840
  2. Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
  3. Devendorf v. BeardsleyNew York Supreme Court · 1857
  4. N. Sheldon & Co. v. Hartford Fire InsuranceSupreme Court of Connecticut · 1852

3Cited by23 opinions

  1. Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
  2. Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
  3. Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
  4. Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
  5. Ryan v. World Mutual Life InsuranceSupreme Court of Connecticut · 1874

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