Metzradt v. Modern Brotherhood of America

3 4 I. We first inquire as to tbe defendant’s motion to strike from tbe reply tbe plea of estoppel because of tbe medical examination and report by tbe defendant’s examining physician. If section 1812 of tbe Code applies to tbis case, then clearly such examination and report operates as an estoppel, except as to fraud or deceit of tbe assured. Counsel discuss at length tbe question whether that section applies to tbis defendant, but, as we view tbe record, we need not pass upon tbat question. True, tbe court overruled the defendant’s motion, and held “tbat it is competent for tbe defendant to…