Poole

Plaintiff, as the surviving husband of Gertie S. Poole, deceased, sues to recover upon a life insurance policy which had been issued to his wife by defendant, and wherein he was made the beneficiary. Judgment went for plaintiff, from which defendant appeals.

The policy was issued on October 26, 1908, upon an application therefor signed by the applicant on September 19, 1908. Defendant resists payment upon the ground of an alleged breach of warranty, in that certain statements made in the application, and which are claimed to constitute strict warranties, were untrue. Counsel for the respective parties devote a large part of their briefs to a discussion of the question as to whether statements made by the applicant should be construed as strict warranties. A determination of such ques- ' tion, however, is not essential to a decision of the appeal. Appellant’s contention in this regard'may be conceded. The question then arises, Were the statements untrue? The trial court found they were true; hence, if this finding is sustained by the evidence, the judgment must be affirmed upon the ground that there was no breach of the alleged warranties.

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