Daniels Motor Sales Co. v. New York Life Insurance

Mr. Presiding Justice Holdom

delivered the opinion of the court.

The judgment brought to this court for review by this writ of error is of nil capiat upon a verdict instructed by the court, on motion of defendant, at the close of plaintiff’s proofs.

This suit is brought to recover the amount of an insurance policy, $25,000, in the defendant insurance company upon the life of the insured, William Brink-man, in which plaintiff was the beneficiary. Brinkman made a written application for the policy, in which is found the following condition:

“I Agree as Follows: That the insurance hereby applied for…