Pelletier v. Phoenix Mutual Life Ins Co.

This is an action of assumpsit by the beneficiary of a policy of life insurance to recover a balance of $1500 claimed to be due on the policy. The defendant pleaded (1) the general issue, and (2) a written release given by plaintiff to defendant of all claims under the policy. In her replication plaintiff alleged that she was ill and in no condition to transact business; that defendant took advantage of her disability and fraudulently represented that the policy was void because of material misrepresentations made by the insured, whereby she was induced to accept $500 and sign the release,…