Chicago National Life Insurance v. Carbaugh

The circuit court of Winnebago county sustained a demurrer to a bill filed by the Chicago National Life Insurance Company against Elmer Carbaugh to cancel an insurance policy upon the life of Bessie V. Carbaugh, in which Elmer Carbaugh was the beneficiary, for fraud in procuring the policy to be issued. The complainant electing to stand by its bill, it was dismissed for want of equity. The Appellate Court affirmed the judgment and granted a certificate of importance and appeal to this court.

The policy was issued on November 16, 1927, upon a written application to the insurance company made by…