Adams

On the tenth day of August, 1929, the defendant insurance association issued its policy of life insurance in the sum of $1500 to Annie Perkins in which policy the plaintiff was named as beneficiary to the amount of $750. Annie Perkins died on June 6, 1930, and thereupon the said association refusing to pay to plaintiff the amount specified in said policy, to wit, the said sum of $750, this action was commenced.

The action was dismissed as to all of the defendants except the said association and judgment was rendered in favor of plaintiff and against it and from this judgment the association has appealed.

Appellant argues as a ground for reversal that the said Annie Perkins in her application for membership in said association made certain false statements regarding her health and physical condition, and that these statements were warranties and being untrue they rendered the policy void, the said alleged false statements being as follows: “Q. Have you knowledge that any physical or mental disease exists in your system? A. No. Q. Are you now in good health? A. Yes.” She further stated in said application as follows: “I am in good health and so far as I know have no disease or…