Thompson v. Mutual Benefit Health & Accident Ass'n

Tbe assignments of error are treated in tbe briefs in two groups, and we will consider them as grouped.

Tbe first group of assignments relates to tbe motions for judgment as of nonsuit. It is conceded in tbe brief of tbe appellant that it “would not be entitled to a judgment of nonsuit unless tbe court finds that tbe policy was void as a matter of law under tbe evidence.”

Tbe fraud alleged, upon which appellant seeks to have tbe policy declared void, is in effect that tbe insured concealed from tbe insurer that be bad been ill over a long period for which be bad collected health insurance, and…