John Hancock Mutual Life Ins. v. Daly

This was an action by Mary A. Daly, against the John Hancock Mutual Life Insurance Company, upon a life policy issued to her late husband, Eugene Daly, for her benefit.

The complaint alleged, amongst other necessary averments, that Eugene Daly had died on the 19th day of February, 1877, of which the company had notice.

The application of the said Eugene Daly, for the policy in'suit, was made on the 2d day of May, 1876, and contained, with other things, the following stipulation, “ and, as the basis of such insurance, make the following-statements, including those made to the medical examiner,…