Aetna Life Ins. v. Smith

SEYMOUR, District Judge.

The complainant brings this bill, praying for the cancellation and surrender of a policy of insurance which was issued by it upon the life of one George W. Wigbtma.n, now deceased, in favor of Ms aunt, the defendant, Mary H. Smith; and also for discovery and perpetuation of testimony. The defendant demurs to the bill.

It appears, on the face of the bill, that the complainant has a perfect remedy at law., The ground alleged for canceling the policy is that it was obtained by fraudulent misrepresentations of material facts. These misrepresentations will, if proved in the…