Prudential Insurance Co. of America v. Connallon

The opinion of the court was delivered by

Daly, J.

The complainant issued a1 policy of insurance, dated August 6th, 1928, on the life of. Martin Connallon, wherein the defendant, William Connallon (his brother), is named .as beneficiary.

The insured died June 23d, 1929, and the complainant, by its bill filed August 2d, 1929, sought a decree that the policy never took effect, because at its date the insured was not in •sound health, and that the policy was obtained through fraudulent representations made by the insured as to his condition •of health and freedom from certain diseases, and prayed a…