Metropolitan Life Insurance Co. v. Penick

Opinion of the Court by

Judge Willis

— Affirming.

Ida B. Penick sued the Metropolitan Life Insurance Company upon a policy of insurance issued by the com pany upon the life of her husband in which she was the designated beneficiary. Defense was interposed on the ground that the policy was procured by fraud and misrepresentation on the part of the insured in making false answers to various questions propounded in the written application, which was attached to the policy. On the first trial of the case, at the conclusion of the evidence for the plaintiff, a peremptory instruction to find for the…