Smith v. National Life & Accident Insurance

Mr. Presiding Justice Matchett

delivered the opinion of the court.

In an action based upon an accident insurance policy a statement of claim was filed by plaintiff claiming damages on account of injury said to have been sustained by him on February 18, 1934. An affidavit of merits by defendant denied all liability. There was a trial by jury, and a verdict for plaintiff for $875, on which the court, overruling the motion of defendant for a new trial, entered judgment.

The principal defense interposed by the affidavit of merits was that plaintiff could not recover because of false and fraudulent…