Thelen v. Mutual Benefit Health & Accident Ass'n

' Plaintiff brought suit for money claimed to be due and owing on a health and accident policy issued by defendant company on April 25, 1939. Tried before a jury, plaintiff had verdict and judgment for two months’ payments, $170, and costs. For reversal, defendant claims that plaintiff obtained the policy by misrepresentations in the application, and also relies on certain claimed errors during the trial.

Plaintiff signed a written application for the insurance in April, 1939. The following questions were asked and the following answers given:

“11. Are you sound physically and mentally? Answer…