Nixon v. Travellers' Insurance

The opinion of the court was delivered by

Fullerton, J.

This is an action upon a policy of insurance issued upon the life of Thomas L. Uixon. The testimony most favorable to the contention of the respondent was substantially as follows: In December, 1887, Hixon, the husband of the respondent, made application to the appellant, through its agent, one Walter J. Ball, for a straight life policy. The application was upon a printed form used by the company, and contained, after the usual numerous questions, a certificate, signed by the applicant, reciting that the application should be made a part…