Westphall

Plaintiffs appeal from a judgment entered against them upon a verdict rendered as directed by the court in favor of the defendant, and from an order of court denying their motion for a new trial.

The action was instituted upon a policy of life insurance wherein plaintiff Ella R. Westphall was named as beneficiary. The policy, dated April 22, 1913, was issued by defendant to Ira E. Westphall, who died on August 4, 1913. The written application by him made therefor is dated April 15, 1913.

A copy of the policy and application therefor was attached to and made a part of the complaint. The policy recites that it is issued “in consideration of the application for this policy, copy of which application is attached hereto and made a part hereof,” and the payment of the stipulated premiums. The application is divided into parts, designated part A and part B. Part A, as stated therein, was “to be signed by the applicant for insurance and proposed beneficiary.” This contained printed questions, the answers to which, if true as made in writing by the applicant, conveyed to the company information sought by such interrogatories. It also contained a provision as follows: “It is agreed that…