St. Paul Fire & Marine Ins. v. McQuaid

Citations

• 114 Miss. 430
• 75 So. 255

Syllabus

<p>1. Reformation of Instruments. Fire insurance policy. Change in beneficiary. Evidence. Sufficiency.</p> <p>In this action to reform a fire insurance policy the court held that the evidence as set out in the opinion of the court was not sufficient to show that the insurance company or any agent authorized to act for it made any agreement to transfer the insurance, or had any notice of a request to do-so.</p> <p>2. Evidence. Conversations over telephone. Admissibility.</p> <p>It is well settled that conversations over a telephone are admissible in evidence. The fact that the voice at the telephone is not identfied does not render tlie conversation inadmissible. The weight to be given to such evidence is largely left to the jury or to the chancellor, when the case is tried before him.</p> <p>3. Reformation of Instruments. Mistake. Evidence. Sufficiency.</p> <p>Reformation of an agreement, sought by reason of an alleged mistake in drawing it up, can only be had upon proof, clear and free from doubt.</p> <p>4. Reformation of Instruments. Mistake in beneficiary. Defense.</p> <p>Where in a suit to reform a fire insurance policy, plaintiff testified that she requested over the telephone a change in the beneficiary, it was incumbent upon the defendant to show with reasonable certainty that such message was not taken or received by any employee of the company authorized to receive and pass it aiong.</p>