McEwen

This action was instituted by the mother of Charles B. McEwen, deceased, to recover the amount of a policy on his life issued by defendant on July 7, 1910, upon a written application made therefor by deceased on June 29, 1910. Judgment went for plaintiff, from which, and an order denying its motion for a new trial, defendant appeals.

The insured, who was twenty-eight years of age, died on November 20, 1910. Defendant; resisted payment of the policy, alleging as a ground therefor that the insured had procured the issuance of the same by means of fraud, concealment, and misrepresentations made by him in answering written questions propounded to him by defendant, and upon the faith of which the policy was issued. Some of the questions and answers were as follows:

At the close of the questions, McEwen stated in writing that “I declare, on behalf of myself and of any person who shall have or claim any interest in any insurance made hereunder, that I have carefully read each and all of the above answers, that they are each written as made by me, that each of them is full, complete and true.”

In addition to a general verdict, the jury were instructed to render special verdicts upon…