Mahoney v. Metropolitan Life Insurance

The opinion of the court was delivered by

Trenchard, J.

This appeal brings up for review a judgment rendered in favor of the plaintiff below by the judge of the District Court of the city of Orange, sitting without a j™7-

The suit was brought to recover premiums paid under a mistake of fact by the plaintiff upon three policies of life insurance issued by the defendant company upon the plaintiff’s life.

The trial judge found as a fact that the plaintiff paid the premiums under the mistaken belief that the policies had all been issued upon the life of his wife and that the plaintiff did not…