Applebaum v. Empire State Life Assurance Society

Opinion by

Mr. Justice Linn,

December 1, 1929, defendant issued to Louis Applebaum a $5,000 policy of insurance on his life, naming his wife beneficiary. Less than seven weeks later he died of apoplexy. The company refused payment, alleging breach of warranty. The beneficiary sued and obtained judgment for the face of the policy and interest. Defendant appeals.

By admissions in the pleadings, put in evidence, it is established that prior applications by the insured for other insurance had been rejected, and that he denied the rejection in reply to a question in the application for the policy in…