Etter v. National Life & Accident Insurance

Opinion op the Court by

Judge, Clay

Reversing.

On May 11, 1927, the National Life & Accident Insurance Company issued a policy insuring the life of Bessie Marshall Smith in favor of her sister, Jeanette Etter, in the sum of $1,000. On August 11, 1927, and while the policy was in force, the insured died, and payment having been refused this suit followed. At the conclusion of the company’s evidence, the court directed a vérdict in its favor. The beneficiary appeals.

In addition to’ other defenses, the company interposed the defense that in her application, which was attached to and made part of…