Mathews v. Modern Woodmen of America

Appeal from Jackson Circuit Court. — Hon. H. L. McCune, Judge. (1) Forfeiture, of a contract of insurance is not favored by tbe court. Tbe defense in this case is based solely upon tbe claim tbat tbe contract of insurance was forfeited by tbe insured on account of a breach of a warranty that in no way affected tbe event from which tbe liability arose. In other words, tbe same result would have happened and tbe same liability' would have accrued if tbe breach of warranty bad not occurred. Under these circumstances it cannot be doubted tbat Mathews bad no knowledge of tbe prohibition, or tbe…