John Hancock Mutual Life Insurance Co. of Boston v. Cronin

The opinion of the court was delivered by

Wacheftfeed, J.

A life insurance policy of $10,000 was issued by the appellant. The beneficiary widow, the respondent in this case, instituted an action at law after the death of her husband to recover the amount due on the policy in question. The company filed an answer and counter-claim alleging misrepresentation. It then filed the present bill of complaint restraining the action at law and asking for a rescission of the contract-, having tendered to the widow a return of the^premiums paid.

Application for the insurance policy was made on December 5th,…