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METROPOLITAN LIFE INSURANCE CO. v. SINETT

2 N.J. Super. 506 (1949)

64 A.2d 639

METROPOLITAN LIFE INSURANCE COMPANY, PLAINTIFF, v. SEYMORE SINETT AND ELEANOR B. SINETT, HIS WIFE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 22, 1949.

Attorney(s) appearing for the Case

Mr. Clifford I. Voorhees, for the plaintiff.

Mr. David T. Wilentz, (Mr. Arthur J. Sills, of counsel), for the defendants.

JAYNE, J.S.C.

The plaintiff in the prosecution of this action seeks a rescission and cancellation of a policy of life insurance in the sum of $5,000, issued by the plaintiff to the defendant Seymore Sinett on January 23, 1947, in favor of his wife as beneficiary. Intentional fraud and conscious misrepresentation by the assured in procuring the policy is not alleged. It is asserted that the assured made an untruthful representation of material facts in his application...

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