Ætna Life Ins. Co. of Hartford v. Perron

LINDLEY, District Judge.

Appellant seeks to reverse a judgment in favor of appellee as plaintiff in a suit upon an insurance policy upon the life of Leo P. Perron, now deceased. Two errors are assigned, viz., that appellant’s motion for a directed verdict should have been allowed and that the court erred in its charge to the jury.

Appellant, by special pleas, asserted falsity of statements made by the insured in answer to questions 9, 10, and 13 of the application and in the final paragraph thereto, and insisted that they constituted fraudulent misrepresentations of material facts, barring…