New York Life Insurance v. Graham

JUDGE ROBERTSON

delivered the opinion of the court:

In this suit on a life insurance policy, we perceive no material error in either of the two instructions given by the circuit 'court to the jury which could be presumed to have been essentially prejudicial to the appellant.

To avoid the policy, either on the ground of false representations of the habits of the insured at its date, or of his death being caused by intemperance in the use of intoxicating liquors, the appellant held the affirmative of that issue. *507There was, therefore, no error in the instruction to that effect. And if there was…