Ball v. Natl. Life Acc. Ins. Co. of Nashville

PRICE, Judge.

Appellant brought this suit to recover on a policy insuring the life of his brother, John C. Ball, who died December 1, 1955. Appellant was named beneficiary.

The cause of action was stated in one count, substantially in Code form, Code 1940, Tit. 7, § 223, form 12. The pleading thereto was in short by consent, the general issue.

The court gave to the jury the affirmative charge, with hypothesis, in favor of defendant. Judgment was rendered accordingly. Plaintiff appeals.

In the application for the issuance of the policy the insured stated he was in good health; had had no illness…