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Metropolitan Life Insurance v. Sussman

Metropolitan Life Insurance Company, Appellant, v. Aaron P. Sussman, Respondent

Metro. Life Ins. v. Sussman, 158 A. 406 (N.J. 1932)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
February 1, 1932
Judges
PER CURIAM.
Citations
158 A. 406109 N.J. Eq. 5821932 N.J. LEXIS 855
Cited by 6

Opinion of the Court — Per Curiam

*583 Per Curiam.

The bill in this case was filed by the insurance company to compel the cancellation and surrender of a certain life and accident insurance policy issued by it. to the respondent, Aaron P. Sussman. The grounds upon which the cancellation was urged were that the policy was obtained upon fraudulent representations respecting other insurance, made in the application for the policy; that no policy of accident insurance issued to the insured had been canceled, rescinded or renewal thereof refused; that no application for accident insurance had been declined, postponed or withdrawn, and finally that in answer to inquiry in said application, the defendant had said that he was not at the time maimed, deformed or crippled in any manner or degree or affected with any form of bodily or mental disease, disorder, infirmity or impairment.

The case was heard by a vice-chancellor on voluminous proofs produced by the parties and resulted in a decree of dismissal. Erom this decree the complainant below appeals to this court.

Under the allegations in the bill of complaint it was incumbent on the complainant to prove the misrepresentations in the answers given and that those answers were fraudulent in purpose. The learned vice-chancellor reached the conclusion that this burden had not been met and advised the dismissal of the bill.

We think this conclusion was justified and the decree is accordingly affirmed.

For affirmance — The Chief-Justice, Trenchard, Parker, Campbell, Lloyd, Case, Bodine, Daly, Donges, Van Buskirk, Kays, Dear, Kérney, JJ. 13.

For reversal — Wells, J. 1.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1932: 11933: 11936: 11937: 11938: 11946: 119322026peak 1932 · 1

Relies on it most ⓘ

  1. Metropolitan Life Insurance Co. v. Stern2 A.2d 51 (N.J. Ct. of Ch. 1938)
  2. John Hancock Mutual Life Ins. Co. v. Cronin46 A.2d 71 (N.J. Ct. of Ch. 1946)
  3. Prudential Ins. Co. v. Merritt-Chapman162 A. 139 (N.J. Ct. of Ch. 1932)
  4. Metropolitan Life Insurance Co. v. Lodzinski188 A. 681 (N.J. Ct. of Ch. 1936)
  5. United Life, C., Ins. Co. v. Winnick166 A. 515 (N.J. Ct. of Ch. 1933)
  6. Metropolitan Life Ins. Co. v. Lodzinski1 A.2d 856 (N.J. Ct. of Ch. 1937)

Most recent

  1. John Hancock Mutual Life Ins. Co. v. Cronin46 A.2d 71 (N.J. Ct. of Ch. 1946)
  2. Metropolitan Life Insurance Co. v. Stern2 A.2d 51 (N.J. Ct. of Ch. 1938)
  3. Metropolitan Life Ins. Co. v. Lodzinski1 A.2d 856 (N.J. Ct. of Ch. 1937)
  4. Metropolitan Life Insurance Co. v. Lodzinski188 A. 681 (N.J. Ct. of Ch. 1936)
  5. United Life, C., Ins. Co. v. Winnick166 A. 515 (N.J. Ct. of Ch. 1933)
  6. Prudential Ins. Co. v. Merritt-Chapman162 A. 139 (N.J. Ct. of Ch. 1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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