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LIFE INS. CO. OF NO. AMERICA v. DE CHIARO

68 N.J. Super. 93 (1961)

172 A.2d 30

LIFE INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION OF THE STATE OF PENNSYLVANIA, PLAINTIFF, v. JOSEPHINE B. DE CHIARO, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF FRANK JOHN DE CHIARO, DECEASED, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Mr. Charles Danzig for plaintiff (Messrs. Riker, Danzig, Marsh & Scherer, attorneys; Mr. Ronald M. Sturtz, on the brief).

Mr. Bernard Shurkin for defendant.

MINTZ, J.S.C.

Plaintiff brings this action for the cancellation of a receipt which it issued in connection with an application for life insurance filed by Frank John De Chiaro (herein referred to as decedent), and to require his widow, the defendant, to accept $19.50, the consideration paid by the decedent on account of the premium when he made the application, and received the receipt. She counterclaims for the face amount of the insurance policy applied for ($25...

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