Fairfield v. Union Life Insurance

Defendant assigns five reasons in support of its contention for reversal, viz.:

“(1) That the court committed error in refusing to allow the defendant to prove the fraud practiced by the plaintiff in obtaining the policies, through the false representations made in the applications and which became warranties under the law as hereinafter shown.

“ (2) That the court erred in refusing to instruct a verdict for the defendant, both at the close of the plaintiff’s case and at the close of all the evidence, in that the plaintiff failed to prove as a part of its case a condition precedent to the right…