Hines v. New England Casualty Co.

I am of opinion that .the motion to nonsuit should have been sustained, because upon the plaintiff’s own testimony he is not entitled to recover. The admitted facts are that the plaintiff filed a written application with the defendant for a Plymouth Rock health policy, and in that application he represented that he had not been exposed to any contagious, or infectious disease, and that at the time of the application, nor for a year past, had he had any local or other disease, except as follows: “No .exceptions.”

It is admitted that at the time that the plaintiff filed this application and made…