Malleable Iron Works v. Phœnix Insurance
Supreme Court of Connecticut
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
- Sandford v. HandyNew York Supreme Court · 1840
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Devendorf v. BeardsleyNew York Supreme Court · 1857
- N. Sheldon & Co. v. Hartford Fire InsuranceSupreme Court of Connecticut · 1852
3Cited by23 opinions
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Kausal v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1883
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Woodbury Savings Bank & Building Ass'n v. Charter Oak Fire & Marine InsuranceSupreme Court of Connecticut · 1863
- Ryan v. World Mutual Life InsuranceSupreme Court of Connecticut · 1874
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