Royal Neighbors of America v. Wallace

When this case was first considered by this court upon the former appeal, the questions and answers in the application for insurance upon which the decision now turns were set out in the opinion,.64 Neb. 330, and it was said that the answer of the company charged that the answers of the assured to the aforesaid questions “were knowingly and wilfully false, that they were material to the risk and were relied upon by the defendant.” The trial court had held that these answers were representations and not warranties, and in discussing that question the opinion referred to goes on to say:

“It is…