Hill v. FEDERAL LIFE AND CASUALTY COMPANY

RodmáN, J.

Defendant’s first assignment of error is based on its motion to nonsuit. Two reasons are urged in support of the motion: first, the defense of material false representation rendering the policy void is established by the evidence, and second, plaintiff failed to prove her allegation that she was the holder of the certificate issued by Investors Syndicate and because of such failure has not shown that she is entitled to the proceeds of the policy, if valid.

The charges of false representation permitting defendant to avoid its contract are affirmative defenses as to which it had the…