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GALLAGHER v. NEW ENGLAND, ETC., CO. OF BOSTON

33 N.J. Super. 128 (1954)

109 A.2d 457

HUBERT D. GALLAGHER, GUARDIAN FOR JANE DEEGAN AND MARY ELIZABETH DEEGAN, PLAINTIFF-APPELLANT, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY OF BOSTON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 1954.

Attorney(s) appearing for the Case

Mr. Samuel Milberg argued the cause for plaintiff-appellant (Messrs. Milberg & Milberg, attorneys).

Mr. Nicholas Conover English argued the cause for defendant-respondent (Messrs. McCarter, English & Studer, attorneys).

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.

The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

Plaintiff appeals from a judgment of the Law Division, sitting without a jury, granting defendant insurance company on its counterclaim rescission of two insurance policies, each for $25,000, on the life of plaintiff's decedent.

Plaintiff instituted suit to recover the proceeds of the policies and defendant counterclaimed asserting that the insured committed equitable fraud...

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