Hancock v. Supreme Council Catholic Benevolent Legion

The opinion of the court was delivered by

Fort, J.

This was a suit on a benefit certificate issued by the defendant society to one Peter Hancock in his lifetime. The defence relied upon was that the insured had made a material misstatement regarding his age in his application for membership. At the close of the case the trial judge, having excluded a certain alleged deposition upon, which the defendant chiefly relied, directed a verdict for the plaintiff.

It will be unnecessary to consider any other question than the exclusion of the deposition in this case. If that was error, a new trial must…