New York Life Insurance v. Fukushima

These parties appeared in reverse order in the trial court and are hereinafter referred to as there.

May 18, 1920, defendant issued to Frank T. Fukushima its life insurance policy for $2000.00, in which plaintiff was named as beneficiary. June 22, 1921, the insured died. This action was brought December 8, 1921, to recover on that policy. The cause was tried to the court without a jury and judgment was for plaintiff. To review that judgment defendant prosecutes this writ and prays a supersedeas. The cause is submitted on the merits.

An application for insurance, including answers made to the…