Cohen

From judgments in favor of respondent after trial before the court without a jury in (a) an action to recover permanent disability' benefits of insurance policies and (b) a cross-action to recover a sum equivalent to disability payments made on insurance policies and premiums waived on said policies both induced by fraud, appellant appeals.

Viewing the evidence most favorable to respondent, the essential facts are:

In November and December, 1,928, respondent issued, executed, and delivered in the state of New York to appellant life insurance policies in the aggregate sum of $20,000. Under the terms of the policies respondent agreed to pay $10 per month per thousand dollars’ worth of insurance to appellant if he was totally and permanently disabled “as the result of bodily injury or disease occurring and originating after the issuance of” the policies. In his applications for these insurance policies appellant specifically denied that he had either had tuberculosis or that he had been in any hospital or sanitarium.

The policies contained these provisions:

December 21, 1928, appellant under the assumed name of Dave Cohn made application for admission to the Jewish Consumptive…