Penick v. Metropolitan Life Insurance Co.

Opinion op the 'Court by

Judge Clay-

-Beve-rsing.

On April 1, 1921, the Metropolitan Life Insurance Company issued to Moses P. Penick a policy insuring his life in the sum of $500. Penick died on September 30, 1921, and his wife, Ida B. Penick, who was named as beneficiary, brought suit to recover on the policy. The company defended on the ground that the policy was obtained by false, material, and fraudulent representations. At the conclusion of the evidence the court directed a verdict in favor of the company. Plaintiff appeals.

In his application, which was attached to and made a part of the…