LONG v. INCOME GUARANTY COMPANY

Docket No. 31, Calendar No. 45,150.

331 Mich. 13 (1951)

49 N.W.2d 38

LONG v. INCOME GUARANTY COMPANY.

Supreme Court of Michigan.

Decided September 5, 1951.


Attorney(s) appearing for the Case

Frank H. Miltner, for plaintiff.

Harrington, Waer, Cary & Servaas, for defendant.


BOYLES, J.

Plaintiff sued the defendant insurance company to recover $628 claimed to be due plaintiff for hospital expenditures, under a policy issued by the company to indemnify plaintiff for such expense. The company defended on the ground (set up as affirmative matter in its answer) as follows:

"That the plaintiff herein had within about 2 years prior to the application for a policy, * * * a coronary thrombosis...

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