Spence v. National Life & Accident Ins. Co.

LATTIMORE, Justice.

Appellee issued, on January 26, 1931, to Henry K. Spence, its policy of insurance upon his life, payable to appellant, conditioned upon insured being in sound health at the time of delivery of said policy and not having had cancer or disease of the kidney or chronic bronchitis. Insured died in August, 1931, after having been sick more than three months and opei’ated upon in connection therewith.

Upon suit on the policy, the appellee answered that each of the conditions upon which the policy was to become effective had not been fulfilled.

The case was submitted to a jury,…