New York Life Ins. v. Horton

WALKER, Circuit Judge.

This was an action on an alleged policy of insurance for $25,000 on the life of the deceased wife of the defendant in error, herein called the plaintiff, who sued as the guardian of minors who were named as beneficiaries in that instrument. Special pleas were filed, which, after setting out provisions in deceased’s written application for insurance, which are copied below, alleged to the effect that after said application was made, and at the time of the applicant’s receipt of the policy on February 8, 1923, she was ill with influenza, which illness increased the risk of…