Phœnix Fire Insurance v. Hoffheimer, Bros. & Co.
Mississippi Supreme Court
Appeal from chancery court of Warren county. Hill, Chancellor. The sole questions are those presented on the assignment of errors: 1st. Under the issue thus made and the evidence responsive to that issue, could the court below decree a reformation of the policy ? 2d.
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Appeal from chancery court of Warren county. Hill, Chancellor. The sole questions are those presented on the assignment of errors: 1st. Under the issue thus made and the evidence responsive to that issue, could the court below decree a reformation of the policy ? 2d. Could the court below decree a payment of the amount insured by the policy % In considering the first error assigned, it may be well to notice the right given by law, and recognized by all the courts, to insurance companies to restrict and limit their contracts and liabilities by provisions annexed to their policies like those…
1Opinion of the Court
Peytoít, C. J.:
On tke 25tk of May, 1868, Solomon Hoffkeimer, Isaac Hoffkeimer, Abram Hoffkeimer, Jokn Meyer, Max Hoff-keimer and Moity Backrack, partners in trade, domiciled and resident at Saint Louis, in tke state of Missouri, negotiating under tke name, firm and style of Hoffkeimer Brotkers & Co., filed tkeir bill in tke chancery court of Warren county against tke Pkoenix Insurance Company to reform a policy of insurance against fire, and to enforce tke payment of tke amount insured. Tke bill alleges tkat, in tke month of August, 1865, complainants started a mercantile business in tke city…
2Cases cited6 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Wyche v. GreeneSupreme Court of Georgia · 1852
- Mosby v. WallMississippi Supreme Court · 1851
- Phœnix Fire Insurance v. GurneeNew York Court of Chancery · 1828
- Hileman v. WrightIndiana Supreme Court · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fireman's Fund Indemnity Co. v. Boyle General Tire Co.Texas Supreme Court · 1965
- Taylor v. Glens Falls InsuranceSupreme Court of Florida · 1902
- Kleis v. Niagara Fire InsuranceMichigan Supreme Court · 1898
- Miles v. MilesMississippi Supreme Court · 1904
- Franklin Fire Insurance v. TaylorMississippi Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.