Hollister

This is an appeal from a decree dismissing a complaint for the cancellation of a policy of insurance; February 28, 1920, the Bankers’ Life Com•pany issued to Fred Hollister its convertible ten-year term policy, which lapsed for failure to pay the premium due August 28, 1926. December 28, 1926, application was made for the reinstatement of the policy, the application containing the following questions and answers: The insured was asked if he was then in good health, and answered, perfect, never better; he was further asked if he had been ill or injured or employed a physician or surgeon within five years, and answered no. January 11, 1927, the policy was reinstated on this application, and the insured died May 31, 1927. The complaint averred that the answer to the first question was untrue in that the insured was then suffering from angina pectoris, and that the answer to the second question was untrue in that the insured had employed a number of- . physicians within the five-year period.

The testimony in reference to the first question and answer was substantially as follows: Dr. Russell Keiser, a witness for the appellant, testified that he had been acquainted with the insured…