Mutual Life Insurance v. Tillman

TARLTON, Judge,

Section B. — In March, 1890, appellee, as assignee of a life insurance policy issued by the appellant upon the life of David Goslin, brought suit against appellant in the District Court of Dallas County to recover $2500, the amount of the policy.

Among the several defenses relied upon by appellant was the plea that in the application for insurance Goslin warranted that he would not die by his own act within two years from the date of the policy, and that he did die from an overdose of morphine or other poison administered by himself with intent to take his own life. As the case…