McNEILL, Justice.
The action was one by appellee as the beneficiary to recover upon a policy of life insurance issued by appellant upon the life of appellee's husband. Appellant defended on the ground that at the time the application for the policy was taken and at the time of delivery of the policy to insured he was in ill health, and that insured did not give truthful answers to questions asked in the application relative to his health.
Upon trial to a jury...
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