Brady Mut. Life Ins. Ass'n v. Smith

BLAIR, Justice.

Appellee sued appellant on its policy of insurance, providing for payment of $200 for loss of his eye; and recovered judgment both in the justice and county court for $200; hence this appeal.

All pleadings in the justice court were oral. By written answer in the county court, appellant alleged that appellee procured the insurance by his false answer to a question in the application therefor, reading: “Have you ever had or now have cancer?” to which appellee answered, “No”; that the loss of ap-pellee’s eye was due to cancerous infection, which obtained and was- known to him when…