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EQUITABLE LIFE ASSUR. SOC. v. NEW HORIZONS, INC.

28 N.J. 307 (1958)

146 A.2d 466

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, PLAINTIFF-RESPONDENT, v. NEW HORIZONS, INC., A CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 1, 1958.

Attorney(s) appearing for the Case

Mr. Herbert M. Gannet argued the cause for appellant (Messrs. Gannet, Widmark & Goldberg, attorneys; Mr. Theodore Sager Meth, of counsel).

Mr. James J. Langan argued the cause for respondent (Messrs. Emory, Langan, Lamb & Blake, attorneys; Mr. Eugene T. O'Neill, of the New York Bar, on the brief).

The opinion of the court was delivered by WACHENFELD, J.

This is an action for rescission and cancellation of a policy of insurance issued on the life of one Stephen Yafchak by the plaintiff, the Equitable Life Assurance Society of the United States. Defendant, New Horizons, Inc., is the assignee of the policy and counterclaimed to recover its full amount. The material facts are undisputed and in the trial court both parties moved for summary judgment. Judgment was...

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