Frey

The jury returned a verdict in favor of appellee on two $10,000 insurance policies issued by appellant insurance company on the life of Walter E. Prey, deceased. Appellant has appealed from the judgment entered thereon. Appellee is the beneficiary named in one of the policies and is the assignee of the other policy. Action was also brought on three other policies of insurance on the life of Walter E. Prey dated June 1, 1932, but the judgment on these was in favor of appellant and no cross-appeal has beon taken. We need not therefore consider them.

On March 4, 1932, Walter E. Prey made written application to appellant for three policies of insurance on his life as follows: $35,000 payable to San Prancisco Milling Company as beneficiary, $10,000’ payable to' Selma Steventon, a sister, as beneficiary, and $10,000 payable to Herbert E. Prey, a brother, as beneficiary. The insured reported- to Dr. Allen, appellant’s physician, for a medical examination on March 5, 1932, and was found to be in good health, and Dr. Allen so reported to appellant. Appellant refused to> issue the policy for $35,000' payable to the San Prancisco Milling Company, but issued the two $10,000 policies which…