Mutual Life & Accident Ass'n v. Moore

WELCH, .1.

This is an action to recover upon a life insurance policy issued by the Mutual Life & Accident Association of Frederick, Okla., a corporation, to James Arthur Moore, deceased husband of the defendant-in error herein. The correctness of the judgment, as to amount is not questioned.

The insurer's defense was that the policy was issued upon the assurance and warranty of the truth of statements made by the insured in an application for the policy: the only part material herein was the answer given by the insured in his application to a question to the effect that he had never had certain…