S. E. Slade Lumber Co. v. National Surety Co.

This action was brought by plaintiff to reform a policy of insurance issued to it by defendant, covering protection against insolvent debtors so as to include therein the account of Mox Inc., an alleged debtor of plaintiff, and to recover the sum of $7,066.25 as a loss sustained by plaintiff through the alleged insolvency of said Mox Inc.

The amended complaint contains three counts. Defendant was granted a nonsuit upon the first. The second alleges a mistake in said policy known to defendant at the time of its delivery to plaintiff and of which it deliberately failed to notify plaintiff at the time of its delivery; and the third count alleges defendant agreed to issue its policy to cover and include therein the names of customers of plaintiff, a list of which was submitted to defendant, including the name of Mox Inc.; that thereupon defendant issued and delivered its policy to plaintiff, representing at the time of said delivery that said policy covered and protected plaintiff against loss from all accounts contained in the said list and particularly the account of Mox Inc.; that thereafter the said Mox Inc. became insolvent and made an assignment of all its assets to a committee…