Miller v. Metropolitan Life Ins. Co.

Suit on a policy of insurance. Some of the rulings in favor of the special pleas were erroneous, but that, in our opinion, is not now a matter of consequence. All that can be said against special plea numbered 3 is that it fails to allege explicitly that the complaint with, which plaintiff (appellant) had suffered prior to his application for the policy in suit, in which he represented that his health was good, whereas he was suffering from cancer, was intrinsically material to the risk; but no doubt we know that a person afflicted with cancer does not enjoy good health, and that such disease…