National Life & Accident Ins. Co. of Nashville v. Taree

On December 2, 1925, Ozie Walker made written application to appellant for an insurance policy upon her life, naming appellee as beneficiary. On December 14, 1925, the policy was issued. The assured died on March 23, 1927.

This suit was brought by the beneficiary to recover the face of the policy in the sum of $234, and the statutory penalty and attorney's fees. Judgment was rendered as prayed for.

Questions 16 and 21 in the application read:

"(16) Are you in good health?"

"(21) Have you ever had * * * cancer? * * * If yes, give particulars."

16 was answered, "Yes ;" 21, "No."

The application…