Farragher v. Knights & Ladies of Security

The opinion of the court was delivered by

Porter, J.:

This is an action to recover upon a beneficiary certificate issued December 15, 1913, upon the life of James A. Farragher, plaintiff’s son. At the time of his death, March 19, 1914, he was a member of the defendant order in good standing. The plaintiff recovered judgment and defendant appeals.

The defense is that in his application for the insurance James A. Farragher made certain representations which were false and fraudulent. To each of the following' questions asked of him by the defendant’s medical examiner, he answered “No.”

“1. Have you…