Carroll v. Carolina Casualty Insurance

Tbe defendant assigns error in tbe trial below in two respects: (1) in tbe court’s denial of its motion for judgment of nonsuit, and (2) in tbe court’s instructions to tbe jury.

Tbe plaintiffs’ evidence was sufficient to carry tbe case to tbe jury and to support tbe verdict. Notwithstanding tbe incorrect answer to tbe question in tbe application as to absence of bernia, under tbe terms of tbe policy, tbis would not defeat plaintiffs’ action on tbe policy, otherwise incontestable, unless tbe answer was made witb intent to deceive, or materially affected tbe acceptance of tbe risk and…