Livingston v. Union Central Life Ins. Co.

(concurring) : Action was brought by the plaintiff as the beneficiary of a policy of insurance issued by defendant company, March 26, 1918, for $1,000, on the life of her husband, John F. Livingston, who died February 23, 1919. The appeal is from the judgment of the Richland County Court, upon verdict for the plaintiff directed by the trial Judge.

The defense set up in the answer was that the policy was invalid and void, in that the application of the insured, forming a part of the policy contract, contained false answers to certain inquiries. But, as conceded by the appellant, “although it…