Vierra

This action was brought to recover upon a policy of life insurance, issued to the husband of plaintiff. It was tried before the court, and judgment for the amount of the policy, $5,000, was rendered for plaintiff. From the judgment entered upon the findings, defendant appeals.

On July 22, 1927, the agent of appellant called upon Frank M. Vierra for the purpose of soliciting a policy of life insurance. As a result, an application for ordinary life insurance, in the sum of $5,000, was signed by Vierra. The latter also executed and delivered to the agent his promissory note, in favor of the agent, for the first year’s premium, in the sum of $187.50, with interest at the rate of ten per cent. On this date Vierra was also examined by the physician of appellant, and he was again examined on July 31st. He “passed” this medical examination, and the application was forwarded by appellant to its office in New "York on July 31st. On August 7th Vierra was taken sick and he consulted his physician, and on the 8th he was operated upon. On August 9th a policy of insurance was duly issued by appellant in New York, in accordance with Said application, and mailed to its Fresno agency. On August…