102 Ga. 143 | Ga. | 1897
The application for insurance, signed by Cornelius O’Connell, stated: “I . . do declare upon my honor that the statements by me subscribed herein, are each and every one of them true, to the best of my knowledge and belief.” It also contained the further statement: “I do hereby consent and agree that any untrue or fraudulent statement made above, or to the medical examiner, or any concealment of facts by me in this petition, shall forfeit the rights of myself, my beneficiaries and my family or dependents to all benefits and privileges therein.” The benefit certificate stated: “ This certificate is issued to Cornelius O’Connell, . . upon condition that the statements made by said person in the petition for this membership . . and the statements certified by said petition to the medical examiner . .• be made a part of this certificate.” The judge charged, in effect, that if O’Connell was materially older, when he made the application, than he represented himself therein to be, then the policy issued to him upon the faith of such representation would be void, because such representation was a material warranty. While section 2097 of the Civil Code provides that: “Every application for insurance
Judgment reversed.