Home Life Ins. v. Madere

FOSTER, Circuit Judge.

This suit was brought, within the contestable period, by appellant, Home Life Insurance Company of New York, against Glenn Wesley Madere, the insured, and his wife, Noelie, the beneficiary, to cancel a policy of life insurance, on the ground that the insured had given false answers to material questions in his application for the policy. There was judgment dismissing the bill.

There is little or no conflict in the evidence. Appellant issued a term policy of life insurance, in the amount of $5,000, to Glenn Wesley Madere, on October 22, 1935, with his wife named as…