Harvick v. Modern Woodmen of America

The plaintiff is a beneficiary named in a certificate of insurance issued by the defendant, a benevolent fraternity, upon the life of plaintiff’s brother, Prank W. Harvick. To the declaration defendant pleaded the general issue with notice of two special defenses in substance (1) that said Prank W. Harvick stated in his application for said certificate and as part of his contract of insurance, that he was born March 2, 1859, which statement was a warranty and untrue; that he was not born on said date but was born in March, 1857; (2) that he was over forty-five years of age at the date of his…