Sun Life Assurance Co. of Canada v. Merritt-Chapman & Scott Corp.

The Chancellor:

The bill in this cause was filed July 1, 1932. The defendant prior thereto, viz., on June 29, 1932, had, by issuance of summons, started an action at law in the Supreme Court of New Jersey to recover on the policy here sought to be cancelled. That action was removed by the defendant therein (complainant here) to the District Court of the United States for the District of New Jersey and the defendant filed its answer in the District Court setting up an equitable defense and praying the same *112affirmative relief of cancellation which it seeks as complainant in this cause to secure.…