Fales v. New York Life Insurance

Defendant appeals from a judgment of $3,000 on a life insurance contract payable to respondent herein as beneficiary. The defendant claims that Byron E. Pales, the insured, had made false representations in his application for the policy. The application wherein the alleged false representation was contained was dated March 14, 1929, and the policy issued March 21, 1929. The insured died January 19, 1930, the cause of death being pulmonary tuberculosis. In the application for the policy and upon which the policy was issued appeared a question:

“7.E. Have you ever raised or spat blood?” To…