Phœnix Mut. Life Ins. v. Harmegnies

WOODROUGH, Circuit Judge.

The plaintiff in the court below recovered a verdict and judgment as the beneficiary named in a five thousand dollar life insurance policy issued by the defendant insurance company on the life of her husband. He came to his death during the period for which the premiums were fully paid, but the company denied liability on the ground that the insurance had been obtained by false, fraudulent and untrue representations, knowingly and fraudulently made by the deceased in applying for the insurance. It alleged that he had to his knowledge been afflicted during the five…