Goldstone

By direction of the court and on motion of respondent a verdict in favor of the company was rendered by a jury and the appeal is from a judgment entered thereon.

Plaintiff, widow of one Jaeob Goldstone, brought the action as beneficiary named in a life insurance policy issued by respondent to said Jacob Goldstone on September 26, 1913. It appears that one of the conditions of the policy was as follows: “This contract of insurance is made in consideration of the application for this policy, a copy of which is hereto attached and which application is hereby made a part of this contract. ’ ’ In said application, signed by said Goldstone, appears this covenant: “I hereby agree that the statements herein contained, together with the statements made by me to' the medical examiner and contained in part 2 of this application, are hereby warranted to be true, full and correct as facts, and that this application, together with the policy which may be issued, shall constitute the contract between me and the company.”

It is the claim of respondent, fully set up in its answer, that, in violation of said agreement and for the purpose of defrauding the company, the insured gave false answers…