Connecticut Mut. Life Ins. v. Bear

This is a bill for the cancellation of a policy of insurance upon the life of the defendant S. Bear, in favor of the other *583defendants, and the relief prayed for is put upon two grounds: First, an alleged false representation of his habits with respect to the use of spirituous liquors made by him in his application; and, second, an impaired condition of health caused by habitual drunkenness since the issuance of the policy.

The evidence does not prove the alleged fraud which constitutes the first cause of action.

Upon the second, it tends to show that the health of the defendant has been…