FELTON, C. J.
1. The defendant contends that it only owes a return of the premiums paid because the policy never became effective in that the policy contained a provision that it should not take effect if the insured was not alive and in sound health on the date of the policy and that the insured was not in sound health on the date of the policy. The application for insurance was not made a part of the policy. A provision in a life insurance
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