HUTCHINSON v. GOCELIAK


73 N.J. Super. 550 (1962)

180 A.2d 359

CHARLES W. HUTCHINSON, ADMINISTRATOR OF THE ESTATE OF DONALD L. BUNNIN, DECEASED, PLAINTIFF, v. JOHN GOCELIAK AND NEW YORK LIFE INSURANCE COMPANY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 9, 1962.


Attorney(s) appearing for the Case

Messrs. Lamb, Langan & Blake, attorneys for plaintiff.

Mr. Jesse Moskowitz, attorney for defendant Goceliak.

Mr. John P. Nugent, attorney for defendant New York Life Insurance Co.


HERBERT, J.S.C.

This case involves the disposition of $30,082.28, the amount which became due upon a life insurance policy when Donald L. Bunnin was killed in an accident. The money was paid by the defendant New York Life Insurance Company to John Goceliak. Was that payment proper, and, if not, how can the error be corrected? If a proper payment for the insurance company to make, is Goceliak entitled to keep what he received, or are there equities requiring him to...

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