Woodworth v. Prudential Insurance Co. of America

Plaintiff seeks by this action rescission of a life annuity contract purchased on May 1, 1936, by plaintiff’s testator as the annuitant, and also the return of the $100,000 premium paid by the annuitant, less the aggregate amount of annuity payments received by the annuitant prior to his death which occurred on July 15, 1937. Rescission is sought upon the ground of unilateral mistake by the annuitant as to a material fact, it being alleged in the complaint that at the time of the purchase of the contract, the annuitant was suffering from grave diseases of which he *586was then unaware and which…