Schwartz

This is an action to recover upon a benefit certificate, issued by defendant on the life of Cecilia Schwartz. Plaintiff had judgment, from which and from the order denying its motion for a new trial defendant appeals.

The benefit certificate was admitted in evidence, is dated Peoria, Illinois, May 9, 1906, and was delivered to Mrs. Schwartz, May 21, 1906; also copy of her application dated February 15, 1906, and proof of death which occurred August 15, 1906. It was admitted that the signatures to the several documents are true and correct and that all assessments and dues required to be paid under the policy have been paid.

The court found all the allegations of the complaint to be true and all of the defendant’s first affirmative defense to be true ‘1 except as hereinafter found.” This defense is based upon the provisions set forth in the benefit certificate and the conditions thereto affixed and particularly averring that the insured warranted the answers made by her in her application to be “full, complete and literally true.” Certain specified questions and answers are then set forth as to which it is averred that the answers were false and untrue, “by reason whereof the…