ætna Life Ins. Co. v. Wharton

GARDNER, Circuit Judge.

This is an action brought by appellee as plaintiff, to recover on .certain life insurance policies issued by the appellant upon the life of John Hawkins Wharton. The parties will be referred to as they were designated in the lower court.

The answer pleaded in effect:. (1) That the insured had made material misrepx’esentations in answering question 9^-C embodied in his application for insurance; (2) that the ixxsured had made material misrepresentations in answering question 10 embodied in his application for insurance; and (3) that insured was not in good health on the…