SAMBLES v. METROPOLITAN LIFE INS. CO.

No. 32931.

158 Ohio St. 233 (1952)

SAMBLES, APPELLEE, v. METROPOLITAN LIFE INS. CO., APPELLANT.

Supreme Court of Ohio.

Decided October 22, 1952.


Attorney(s) appearing for the Case

Mr. John B. Cunningham, for appellee.

Messrs. Hammond, Hoyt & Hammond, for appellant.


TAFT, J.

In support of her contention that the judgments below should be affirmed, plaintiff relies on Section 9391, General Code, which reads:

"No answer to any interrogatory made by an applicant, in his or her application for a policy, shall bar the right to recover upon any policy issued thereon, or be used in evidence upon any trial to recover upon such policy, unless it be clearly proved that such answer is wilfully false, was fraudulently made, that...

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