Rushville Natl. Bank, Tr. v. State Life Ins. Co.

Appellee began this action in equity to cancel and rescind a life insurance policy upon the life of Walter Emsweller, upon the ground that the insured had concealed a material fact in applying for the policy. There was a second paragraph of complaint, which we need not notice. There were answers in general denial, the cause was submitted to the court, and there was judgment for appellee canceling and annulling the policy. A motion for a new trial was overruled, which ruling is the basis of the only errors assigned.

The complaint alleges that Walter Emsweller applied to the plaintiff for a…