Collver v. Modern Woodmen of America

This is a suit on a benefit certificate issued to Lewis Collver May 16, 1906. He died in October, 1908. The evidence tended to show that Collver was intoxicated when he died and that his intoxication was the cause of his death. The defendant’s answer alleged as complete defenses that Collver became intemperate in the use of intoxicating liquor after the certificate had been issued to him; that his death resulted indirectly from his intemperate use of intoxicating liquor; and that there were breaches of warranties made in Collver’s application. In her reply the plaintiff denied generally anl…