145 Minn. 349 | Minn. | 1920
Defendant is a fraternal beneficiary society. Joseph B. Villiott made application for membership in the society in February, 1915, and was received into membership. He died in July, 1917, at the Rochester State Hospital. All dues and assessments were paid. Defendant resists payment of the claim of plaintiff, his wife and beneficiary, on the ground that decedent made misstatements in his application. The jury found for plaintiff. Defendant appeals.
We shall indulge in no discussion of the question whether, as an abstract proposition, a person insane is or is not in good health. We deem it unnecessary to do so. Defendant itself prepared this form of application. When, in one question, defendant asked as to insanity of parents, grandparents, uncles and aunts, and, in the next question to it, asked as to the health of parents, grandparents, brothers and sisters, it clearly gave the applicant to understand that information as to insanity of brothers and sisters was not there desired, and that the general term, health, as there used, pertained to physical and not mental soundness. ’ See Claver v. Woodmen of the World, 152 Mo. App. 155, 133 S. W. 153, a decision which goes much farther.
The court submitted to the jury the question whether this answer was true or false and also whether it was material. If there was error it did not prejudice defendant. ' The verdict of the jury reached the same result as we have reached.
Comment on these instructions is unnecessary.
The language of the instruction, for obvious reasons, also makes immaterial the question whether this statement was a representation or a warranty.
Order affirmed.