Golding v. Modern Woodmen

This action is on a benefit cer tificate for $1000 issued by the defendant, a fraternal beneficiary society, on the life of plaintiff’s son, Charles Solomon Golding, • Verdict and judgment were for plaintiff for the amount of the policy with interest, and defendant appealed.

The answer, after admitting the issuance of the policy, and the death of young Golding, set up, as a defense thereto,' breach of warranty based on the fact that, in his application he stated: “I am now of sound body, mind and health, and free from diseases or injury,” and on the further fact, that, in said application,…