American Nat. Ins. Co. v. Massengale

FOLLEY, Justice.

This is a suit upon an insurance policy issued June 3, 1935, by the appellant, the American National Insurance Company, upon the life of Ben F. Massengale in the sum of $500, in which policy, Lettie T. . Massengale, appellee, was beneficiary. The insured died on December 23, 1935. The policy in question contained a provision to the effect that it should be void if the insured was not in sound health on the date of the issuance of such policy. It is uncon-troverted that the insured in this case was in unsound health on the date the policy was issued, and that he died some six…