Tolar v. Metropolitan Life Insurance

Appeal by the defendant from a judgment of the County Court of Albany County, affirming a judgment of the City Court of Albany in favor of the plaintiff upon a life insurance policy. The insured was an infant close to the age of fifteen years at the time she applied for the policy. Defendant raised an affirmative defense to the effect that the insured made false answers with regard to her medical history on her written application for the policy. No medical examination was had and the policy was issued on her written application alone. The only issue, within the affirmative defense pleaded,…