Brotherhood of American Yeomen v. Hickey

(after stating the facts as above). Appellant insists that the trial court should have granted the motion for new trial upon the ground that the weight and pre- ponderanee of the evidence show that the insured at the time of making his application and at the date of the policy had tuberculosis of the lungs and had a disease of the urinary and genital organs and was not in good health as answered by him in his application. As to whether a person is in good health is essentially a question of fact, and in this case the evidence is conflicting as to whether the insured' was in good health at the…