Midland National Life Insurance v. Mosher

This action was begun on June 19, 1923, to cancel a life insurance policy on the ground that the same was obtained through false and fraudulent representations as to the health of the insured.

After the institution of the action, and on September 10, 1923, the insured died. His administratrix was substituted as a party defendant and service was made upon her on December 11, 1923. The policy in question had been assigned to L. Enger and he was joined as a defendant. He answered and counterclaimed, denying the alleged fraud and setting up his own interest, and demanded judgment for the amount of…