Legal Opinion

Titus v. Rochester German Insurance

Court of Appeals of Kentucky

Decided May 24, 1895PublishedCited by 20 opinions

Case 86 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The agents of appellee having, by fraudulent misrepresentations, induced the appellant to enter into a contract to accept one-half of the amount of the damage to the property and surrender the policy, the contract entered into by reason of these representations of appellee’s agents should be rescinded. 2. The appellant being ignorant of his antecedent rights under his policy of insurance,…

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Case 86 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The agents of appellee having, by fraudulent misrepresentations, induced the appellant to enter into a contract to accept one-half of the amount of the damage to the property and surrender the policy, the contract entered into by reason of these representations of appellee’s agents should be rescinded. 2. The appellant being ignorant of his antecedent rights under his policy of insurance, and being induced to believe by misrepresentations of appellee’s agent, that he was not entitled under the law to recover…

1Opinion of the Court

JUDGE EASTIN

delivered the opixion of the court.

This. equitable action was brought by appellant to rescind a contract made with appellee, by which, as alleged, he was induced to accept, in satisfaction of a loss under *569a policy of insurance issued to Mm by appellee, an amount equal to one-half of that loss and to one-half of the amount of insurance named in the policy.

As grounds of rescission, the petition charges that appellant was ignorant of his legal rights under the policy and that, through fraud and imposition practiced upon him by appellee’s agents, and by wilful misrepresentation made…

2Cases cited3 opinions

  1. Underwood v. BrockmanCourt of Appeals of Kentucky · 1836
  2. Ray & Thornton v. Bank of KentuckyCourt of Appeals of Kentucky · 1843
  3. Louisville & Nashville R. R. v. Hopkins CountyCourt of Appeals of Kentucky · 1888

3Cited by20 opinions

  1. Toppass v. Perkins' AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1937
  2. Stark v. Equitable Life Assurance Society of United StatesSupreme Court of Minnesota · 1939
  3. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
  4. Supreme Council Catholic Knights of America v. FenwickCourt of Appeals of Kentucky · 1916
  5. Bagby v. MartinSupreme Court of Oklahoma · 1926

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