McKAY CORPORATION v. HOME INSURANCE COMPANY

Civ. No. 731.

130 F.Supp. 633 (1955)

McKAY CORPORATION, Plaintiff, v. The HOME INSURANCE COMPANY, Defendant.

United States District Court N. D. Indiana, Fort Wayne Division.

May 6, 1955.


Attorney(s) appearing for the Case

Haynie, Logan & VanOrman, Fort Wayne, Ind., for plaintiff.

Barrett, Barrett & McNagny, Fort Wayne, Ind., and Slaymaker, Locke & Reynolds, Indianapolis, Ind., for defendant.


PARKINSON, District Judge.

This is an action tried to the Court on count one of the complaint seeking reformation of an insurance policy and, upon reformation, judgment for the sum of $35,000 thereunder, and the answer of the defendant thereto in admission and denial.

The evidence in the record as to whether there was a mutual mistake of the parties is in conflict. It is apparent from the evidence that the plaintiff instructed the McFadden Insurance Agency...

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