Modern Woodmen v. Ball

This action by the appellee is based upon a benefit certificate in the sum of $2,000 issued by appellant to the husband of appellee in 1907. Appellant answered in four paragraphs, the first being a general denial. The second alleged breach of warranty in that the insured had misstated his age as under forty-five years, while appellant claimed he was older, and that a by-law prevented one over forty-five years of age from becoming a member. The third paragraph alleged misstatement of the insured that he was in sound health in May, 1917, when he was reinstated as a member, it be*390ing alleged…