Old American Insurance v. Jackson

Kirby, J.,

(after stating tlie facts). It is contended that the judgment is not supported by the evidence, which shows that the answers to the questions relative to insured’s health made in his application were warranties and false; that he was suffering, at the time of application made for insurance, with, and had been treated for, tuberculosis, of which disease he later died.

The Aveight of the evidence is in favor of the falsity of these warranties, it is true, hut the testimony is not undisputed, and the jury, upon conflicting testimony, have found against the appellant, and its verdict…