All States Life Ins. Co. v. Johnson

FOSTER, Justice.

This is an action on a life insurance policy. There are no pleas set out in the record. The judgment recites that issue was joined and a jury and verdict for plaintiff.

The charge of the court to the jury states that the defense is a claim that certain provisions of the policy in reference to the health of the insured were breached by misrepresentations in the application. The court then quoted from the policy in that respect; and also quoted section 8364, Code, as to the effect of misrepresentations in the negotiation of the contract of insurance; and quoted from the…