Woodworth v. Prudential Insurance Co. of America

The complaint, the sufficiency of which has been sustained at Special Term, seeks to rescind a non-refunding annuity policy issued by defendant to Chauncey C. Woodworth on May 1, *1041936, on the theory of a unilateral material mistake of fact, viz., that Woodworth, the annuitant, at the time the-policy was issued, was wholly unaware that he was then suffering from serious constitutional diseases which would cause his death in less than two years, and had he known of such condition would not have made the contract. -

The action is brought by plaintiffs as executors of Woodworth, deceased. The…