Arter v. Northwestern Mut. Life Ins.

DALLAS, Circuit Judge.

This was an action by Lydia B. Arter (plaintiff in error) against the Northwestern Mutual Life Insurance Company (defendant in error) to recover upon a policy of insurance upon the life of her husband, Winfield S. Arter, who died upon December 37, 1901. The defense was that within two years from the date of his application for the insurance he had died by his own hand, and that, therefore, the company was not liable, because the application (which was expressly made a part of the contract) contained the following agreement:

“It Is hereby declared and agreed alt the…