Durham v. . Woodmen of the World

This is an action to recover on a certificate of insurance issued by the defendant on the life of Ben H. Durham, who died on 28 September, 1936, wherein the plaintiff was named as beneficiary. The defendant contended that the evidence established that the issuance of said certificate was procured by false and fraudulent representations, and for that reason no liability was incurred thereunder, and that the action should have been nonsuited. The plaintiff contended that under the evidence the case should have been submitted to the jury. The trial judge held with the plaintiff and the jury…