Whitney

Plaintiff brought this action to recover upon a life insurance policy for ten thousand dollars, issued by the defendant on the life of her husband and in her favor. In the first trial of the cause a verdict was rendered in favor of the plaintiff. A motion for a new trial was made and denied. On appeal to the supreme court, the judgment and order were reversed. (Whitney v. West Coast Life Ins. Co., 177 Cal. 74 , [ 169 Pac. 997 ].) On the second trial the court directed the jury to bring in a verdict in favor of the defendant, which was done, and judgment was thereupon entered. A motion for a new trial was made' and denied and the plaintiff has appealed.

Mr. Whitney died June 10, 1914, of acute myocarditis, a disease of the heart. The defense at the first trial vas based upon the assertion that Arthur L. Whitney, the assured, made false representations in his application to the defendant for insurance, and was guilty of fraud in securing the policy, in that he concealed from the defendant’s medical examiner the fact that before making his application, he had consulted certain physicians as to his physical condition, and failed to report the results of their examination, as given to…