Damgaard v. South Dakota Benevolent Society

Defendant is an assessment life insurance company incorporated under the laws of this state. On October 30, 1932, plaintiff and: his wife eaoh applied for membership in defendant company, paying the required fee of $2.50 and executing a written application for insurance reciting in part as follows:

“I * * * certify * * * that I am in good health. That I have no ailment that I know of that will shorten my natural life. I make this application with the understanding that should! it be proven false, I will be deprived of the benefits of this society.”

Defendant accepted said applications and on…