Stanton v. Equitable Life Assurance Society

(dissenting) : This is an action, not upon a policy of life insurance, for such has never been issued. It is based upon the following facts which are practically undisputed:

On October 4, 1917, James A. Stanton applied to the defendant for $25,000 insurance, payable in the event of his death to his estate. The application showed, above the signature of the applicant, that he had, during the then past 5 years, used alcoholic beverages to the extent of intoxication. The medical examination was made by Dr. J. H. Reese, a local physician for the company, who reported that the applicant had been…