The Praetorians v. Dies

O’QUINN, Justice.

Suit by Gladys Dies, widow of Jerry W. Dies, deceased, who during the pendency of the suit married H. T. Mason. Mason intervened as party plaintiff adopting the pleadings of his wife, against The Praetori-ans, a fraternal benefit society to recover on a policy of life insurance issued to her former husband, Jerry W. Dies, in which she was beneficiary. The prayer was for the face of the policy, $1,500, twelve per cent penalty, and attorney’s fees in the sum of $500.

The Praetorians defended on the grounds of breach of warranty in the application for the policy; that the policy…