Southern Life Health Ins. Co. v. Morgan

The suit was upon a policy of insurance upon the life of one Lena Riley. There was verdict and judgment for the plaintiff, from which defendant prosecutes this appeal.

The only question here argued relates to the action of the court in refusing the affirmative charge, as requested by defendant.

It is insisted that a breach of the Warranty or condition of the policy that insured must be in good health at the time of the delivery of the policy has been established by the uncontroverted proof. The matter of unsoundness of health related only to tuberculosis, a disease of which the courts take…