Novak v. Chicago Fraternal Life Ass'n

The opinion of the court was delivered by

Smith, J.:

This is an action on a life-insurance policy. Judgment was for plaintiff. Defendant appeals.

*610Mike Novak at the time of his death was a member of appellant-association. William and Joseph Novak were beneficiaries. This action is brought to collect on the policy.

Mike Novak stated in his application for insurance that he was born October 8, 1872; that he had never had disease of the heart, bladder or liver, diabetes or palpitation of the heart, but had had only “influenza 6 weeks, March, 1928. Complete recovery.”

On the day the case was called for…