Whitney

Defendant appeals from a judgment for ten thousand dollars on a policy of life insurance and from an order denying a motion for a new trial.

The defense was that Arthur L. Whitney, the assured, had máde false representations in his application for the policy. The application was signed on the last day of the year 1913. By the terms of the policy all insurance thereunder was based upon the written and printed application therefor Tvhich by attached copy was made a part of the contract. Mr. Whitney died June 10, 1914, of acute myocarditis, a disease of the heart.

By his answers to questions contained in the application for insurance Mr. Whitney made, among others, the following representations:

The defendant introduced Dr. Cheney as a witness. He testified that Mr. Whitney had called upon him at Ms office about two years before the application for insurance was made. At the time of that visit Mr. Whitney had complained of a pain in his chest when he walked rapidly. He had noticed such pain under like circumstances about two years before he visited the doctor, but it had been growing more severe, so that on walking a short distance the distress would come on. The patient said that…