Campion

This is an action to recover certain monthly indemnities alleged to be due plaintiff from defendant corporation on an insurance contract.

On July 19, 1922, defendant issued to plaintiff the insurance policy in question, and on November 4, 1926, plaintiff sustained injuries which resulted in her total disability. Some two months after the accident causing the injury plaintiff made her first claim for compensation. After an investigation the company commenced paying the monthly indemnity called for in the contract of insurance. Pour such payments were made, after which defendant company refused further payment, claiming that plaintiff had a very pronounced scoliosis (curvature of the spine), which scoliosis contributed to the disability of plaintiff. The court found in favor of plaintiff and rendered her judgment in the amount of $130 per month from March 17, 1927, to the date of the judgment, with interest at seven per cent per annum until paid. Motion for new trial was made and denied and defendant has appealed from the judgment and the order denying a new trial.

Appellant urges that respondent made representations in her application for the insurance contract which were false…