Phlying v. Security Ben. Ass'n

FOLLEY, Justice.

The appellant, Mrs. Bessie Phlying, brought this suit against the appellee, The Security Benefit Association, Inc., to recover upon a $2,000 insurance policy issued on or about December 16, 1935 by the ap-pellee association upon the life of John T. Phlying, the deceased husband of the appellant.

The appellee is a fraternal benefit society of Topeka, Kansas, doing business in the State of Texas. In the application for the • insurance the deceased warranted that he was in sound health; that he was not carrying other insurance; that he was not then under care of a physician and…