Dearborn v. Niagara Fire Insurance

Citations

• 17 N.M. 223
• 125 P. 606

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A bill of exceptions, under the provisions of sec. 26, chap 57, C. L. 1907, may be settled and signed by the judge who tried the cause or his successor.</p> <p>2. Evidence examined and held to justify the action of the court in directing a verdict for the plaintiff, where motion for a directed verdict was made by both parties at tbe close of tbe testimony.</p> <p>3. If the contracting parties to a policy of fire insurance make a mistake in tbe name of tbe insured, a court of equity, upon proper proof, has jurisdiction to reform tbe contract and correct tbe mistake.</p> <p>4. If a party applying for insurance states tbe facts to tbe agent and relies upon tbe agent to write a policy of insurance that will protect his interests, and tbe agent so understands, but fails by inadvertence or mistake to so write tbe contract, tbe mistake is mutual.</p>