WRIGHT, Presiding Judge.
This is an appeal from verdict and judgment in the amount of $5000 in an action for misrepresentation or fraud.
The action arose out of an application for a policy of life insurance upon the life of plaintiff's husband with plaintiff to be the designated beneficiary thereof.
The count of the complaint which went to the jury generally averred as follows:
That plaintiff's husband applied for a policy of insurance upon...
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