Newton v. New York Life Insurance

*428The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment of the district court of Douglas county in favor of the beneficiary of a life insurance policy.

James D. Newton had been an officer of the United States Revenue Cutter Service, and was retired in 1901 on account of tuberculosis; and at various times in the years 1901, 1902, 1903 and 1904 he was in a federal sanitarium at Fort Stanton, N. Mex., on that account. July 7, 1904, he was discharged from the institution as unimproved.

In 1898 Newton had received a policy of insurance from the defendant. In 1905, he…