Ettman v. Federal Life Ins.

COLLET, District Judge.

This cause is pending upon plaintiff’s motion for judgment non obstante veredicto and upon his motion for new trial. The question of primary importance is whether certain statements made by plaintiff in his application for the policy in suit are to be considered as warranties constituting a part of the contract, or representations to be treated as only inducements to the making of the contract. If they be treated as warranties and were false it is immaterial whether plaintiff knew they were false at the time the application was made.1 *If they be mere representations,…