The MacCabees v. Cappas

Opinion by

Arnold, J.,

The Maccabees, a fraternal benefit association, filed its bill in equity against the defendants, praying for cancellation of its policy of life insurance issued upon the life of James P. Cappas, because of fraudulent misrepresentations in his application. The defendants are the beneficiaries named in the policy which was issued on the insured’s written application made March 24, 1941.

The insured died August 17,1941. It is admitted that in his written application the insured made false answers to certain questions material to the risk. The testimony showed and the…