STAMEN v. METROPOLITAN LIFE INS. CO.


41 N.J. Super. 135 (1956)

124 A.2d 328

JOSEPH STAMEN, PLAINTIFF-RESPONDENT, v. METROPOLITAN LIFE INSURANCE COMPANY, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 1956.


Attorney(s) appearing for the Case

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

Mr. Harry Schaffer argued the cause for respondent (Mr. Louis M. Drazin, attorney).

Before Judges GOLDMANN, BURTON and SULLIVAN.


The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiff brought this action to recover monthly disability benefits allegedly due him under a life insurance policy issued by defendant company. Defendant counterclaimed for reformation of the policy so as to eliminate the provisions for such payments, on the ground of mutual mistake or, alternatively, mistake on its part and fraud on plaintiff's. Disability...

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