Bernard v. United Life Insurance

This action was brought to recover $1,000 on a policy of insurance issued on the life of Elizabeth Kelly by the defendant, payable to the plaintiff. The answer is entirely affirmative. The defense is based upon alleged breaches of warranty by Elizabeth Kelly of the truth of statements made by her in writing and upon which warranty the *500policy was issued. The cause was tried before the court and a jury. The plaintiff after rebuttal rested, whereupon defendant’s counsel moved that the court direct a verdict for defendant ; motion denied, exception, and then moved for a dismissal of the…