Sharrer v. Capitol Life Insurance

The opinion of the court was delivered by

West, J.:

The defendant appeals from a judgment on a life insurance policy, claiming that the answers of the applicant touching his health relieved the company from liability; that certain testimony was improperly admitted; that certain find-' ings of fact should have been set aside; and that the court erred in charging the jury.

The answers in the application complained of are that he had never had any disease of the stomach, and that to the question, “How often during the past five years did you consult a physician?” the answer was “No.” It seems that…