Metropolitan Life Ins. Co. v. Parks

Plaintiff (appellee) had judgment on a policy of insurance on the life of her husband issued by defendant. Defense was made under the general issue “with leave to offer in evidence any matter or thing that, if specially pleaded, would constitute a good defense.” One condition of the policy (among others) was that “no obligation is assumed by the company prior to the date hereof, nor unless on said date the insured is alive and in sound health,” and defendant undertook to show a breach of this stipulation — warranty, as we have held —that insured, at the time of the delivery of the polic^,…