Equitable Life Assur. Soc. of United States v. Obertate

Opinion op the Court by

Judge Baird

Affirming.

On tbe 31st day of December, 1931, Neal Obertate made application to tbe Equitable Life Assurance Society of tbe United States for a policy of insurance for tbe sum of $2,500. Tbe application contained a list of questions, wbicb were answered by bim. No medical examination was made. Tbe policy was based solely upon tbe answers to these questions. Due to a mistake made in tbe December application as to tbe age of Obertate, on tbe 20tb day of January, 1932, a new application was made correcting tbe mistake. On or about February 11, 1932, in…