Weintrob v. New York Life Ins. (85 F.2d 158, 1936)

THOMPSON, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of New Jersey. The appellant brought an action at law to recover as beneficiary as beneficiary upon a policy insuring the life of her husband. The appellee defended on the ground that the assured had procured the policy through fraud, in that he answered certain questions falsely for the purpose of perpetrating a fraud upon the appellee with full knowledge that the answers were false fraudulent. At the trial, the court directed a verdict for the appellee. On Ike appellant s main case, the proof and admissions established that the policy was issued May 11, 1928; that the appellant was the beneficiary; that the assured died January 31, 1929; that the premiums were paid; that the proper proofs of death were filed; and that the appellee refused to pay the amount of the policy. The appellee in its defense offered a copy of the application which contained the following questions and answers:

„„ TT ....... , 8. Have you consulted a physician for or ‘Yes’ suffered from any ailment or disease of or