Angione v. Rochester Savings Bank

Judgment unanimously reversed, on the law and facts, and a new trial granted, with costs to abide the event. Memorandum: Although decedent had had bowel trouble for some time, the issue of decedent’s knowledge that he had a serious health problem at the time of his application for insurance on October 11, 1967 was clearly a jury question. However, on December 29, 1967 he was informed by a physician that “ There was a lesion in his rectum which could be a very serious lesion ” and he was told to see another doctor “immediately”. The same day he was informed by the second doctor that “it would…