Mutual Life Ins. Co. of New York v. Burton

By its original bill in the chancery court of Shelby county the Mutual Life Insurance Company sought to rescind and cancel a contract of life insurance for misrepresentations and fraud in its procurement. The defendant, Mrs. Annie J. Burton, named beneficiary, filed her cross-bill, seeking a decree for the amount of the insurance, and demanded a jury to try the issues of fact.

Responding to tlie issues submitted, tbe jury found tliat the insured, Edward W. Burton, was in good health at the time he applied for the insurance and at the time the contract was delivered to him.

Issue No. 7 was as…