Byers

On June 7, 1928, James C. Byers signed an application for an insurance policy in the Travelers Insurance Company, the appellant herein. The application was in the usual form and contained the following questions, answers and statements by Mr. Byers:

The application was taken by an agent of appellant, E. A. Egge, and without further medical examination appellant's insurance policy No. 1433740 was issued to Byers on August 14, 1928, effective from June 18, 1928. This application and policy will hereafter be referred to as the “Egge application” and “Egge policy”.

On November 21, 1928, said Byers again made application for another policy with appellant, signing a similar form of application, in which the following questions and answers were set forth:

On December 14, 1928, appellant’s medical examiner examined Byers, finding him to be an “excellent risk”. Two questions and the answers given thereto by Byers during the medical examination are as follows: “12. What physician did you last consult? A. None. 13. Name and residence of usual medical attendant or family physician. A. None.” This application was taken by C. J. Stafford, and appellant’s policy of insurance issued thereon on…