Janunas v. Metropolitan Life Insurance

August 3, 1922, on the written application of Anna Janunas, defendant issued its policy of insurance on her life, with her husband beneficiary. She died October 26, 1922; cause of death, tuberculosis of the lungs. Plaintiff, as beneficiary, brought this suit on the policy. Defendant, under plea, gave notice of the affirmative defense of fraudulent misrepresentations in the application for insurance relative to health and treatments by physicians. At the trial, over objection, evidence supporting the charge of fraud was introduced, but the jury instructed:

“I instruct you that no statement of.…