Gause v. Jones

G. Badger Baker, Acting Associate Justice.

This appeal is from the refusal of the Circuit Judge to sustain a demurrer by plaintiff-appellant to a counterclaim against appellant, pleaded by the respondent, James A. Jones. Appellant’s complaint alleges a cause of action for fraud *392and deceit against both defendants in that the respondent Jones, as agent of the defendant insurance company, made false representation to appellant at the time he took the application for a “Hospital and Surgical Expense Policy” of insurance which was subsequently issued by the defendant insurance company and delivered…