Benson v. Metropolitan Life Insurance

Plaintiff’s action is on a policy of industrial life insurance issued on the life of Elmer E. Burroughs, who was plaintiff’s nephew and who lived with him and his wife. The judgment in the trial court was for the plaintiff.

The policy was issued on the 27th and delivered on the 28th of July, 1908. It was conditioned that deceased was in “sound health” when it was issued; and he represented that he had never had heart disease. The undisputed facts were that he was not in sound health and that he had' had heart disease for more than a year, having been in the hospital for a month, a year prior…