Pender v. . Insurance Co.

This case was before us at Fall Term, 1910, and under the name of Powellv. Insurance Co. is reported in 153 N.C. at p. 124 et seq. Since that time the former administrator of the beneficiary under the policy has died, and the present plaintiff, as his successor in the administration of the estate of H.D. Teel, has taken his place in the record. The facts of the case are somewhat changed from those we then considered, as will appear by the following verdict of the jury:

1. Did H.D. Teel in his application for the policy, represent that he did not then have, and never had, any habit of taking…