Braddock, by Smith v. Pacific Woodmen Life Ass'n.

FOLLAND, Justice.

Plaintiff, by his guardian, sues as beneficiary of a certificate of fraternal benefit insurance issued on the life of his father, William R. Braddock. Defendant denied liability on the ground that certain statements made by the assured in his application for insurance, and claimed by it to be warranties, were untrue, thereby voiding the policy. On the trial the jury found for plaintiff, and the defendant appeals. Errors are assigned that: (1) The court applied the doctrine of misrepresentation rather than breach of warranty and thereby erroneously instructed the jury, and…