Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
In this action by the beneficiary to recover upon a policy of life insurance, the insurer in its answer raised two affirmative defenses — (1) breach of warranty by the insured as to his physical condition at the time the policy was issued, and (2) material misrepresentations by the insured in the application for insurance. The...
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