Smith v. National Life & Accident Insurance

1. On the trial of a suit to recover on a policy of life-insurance, brought by the beneficiary, where the defense interposed was that the policy was void because it provided that there was no obligation thereunder if, at the time of its issuance, the insured was not in sound health, that at this time the insured was suffering from cancer of a malignant type, and was not in sound health, and in his application he made the false representation, as to a fact material to the risk, that he did not have cancer; and where there was evidence that at the time of the issuance of the policy he had all…