Accident Indemnity Insurance Company v. Feely

MERRILL, Justice.

This is an appeal from a judgment in favor of appellee for $3,150 in a suit on an insurance policy whereby appellee was to be paid if he should become totally and permanently disabled. A motion for a new trial was overruled.

Appellee’s complaint was in four counts and appellant pleaded the general issue and special pleas that the allegations in the complaint were untrue; that appellee’s warranty that he was in good health wgs untrue; that he knowingly and willfully misrepresented his state of health to be good when he knew that he had a heart disease; that he falsely…