Franco v. New York Life Ins. Co.

WALKER, Circuit Judge.

Within two years after the respective dates of issue, May 24, 1928 and May 29, 1928, of two life insurance policies issued by appellee to the appellant Abraham Franco, the appellee filed its hill in equity for the cancellation of those policies because of the falsity of the insured’s answers to three questions contained in the written applications addressed to appellee and signed by the insured, a copy of one of which was attached to and made part of each of the policios delivered to and retained by the insured; those questions and the answers thereto being:

“7. (D) Have…