Josiah D. Nevius and Peter Nevius, Executors, &C., of Jane Nevius, Deceased v. John Dunlap

Summary

The New York Court of Appeals reversed the lower courts' judgment and ordered a new trial, holding that the bond to Jane Nevius could not be reformed because there was no plain mutual mistake and the evidence was insufficient. The court affirmed that Mrs. Nevius was a party to the contract despite not being present, and that consideration from a third party acting in her name sufficed to make her an obligee. Justice dissenting would have affirmed the judgment.