Ash v. Fidelity Mutual Life Ass'n

FLY, Associate Justice.

This suit was instituted by Mrs. Laura. Gann for herself and her minor children, Harry Gann and James Gann,, to recover from appellee the sum of $2000 insurance on the life of James Gann, deceased, the husband and father of the plaintiffs. Pending the suit Mrs. Gann married S. C. Ash, who made himself a party pro forma to the suit. Appellée set up certain statements made in the original application for the policy b}^ deceased, which were alleged to be untrue, a,nd whose falsity was not known to appellee; that afterwards,, in August, 1895, the policy had been forfeited…