Succession of Cherry v. Metropolitan Life Ins. Co.

This is a suit to recover the proceeds of a life insurance policy amounting to the sum of $780.

The defense is that the assured had been attended by a physician for pulmonary tuberculosis within two years before the date of the issuance of the policy, and was suffering from the said disease when his application for insurance was filed and the policy issued to him; that he suffered from it continuously thereafter until his death several months later; and that, under the circumstances, by virtue of a special clause in the policy, excluding this risk, the company was not liable, because its…