Illustrative Cases On Contracts

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M. J. McKenna, M. D." Preceding the medicar examiner's certificate, and immediately at the end of the series of questions and answers referred to in the certifi- cate, of which the quoted question is one, appears the following lan- guage, to which is affixed the signature of Richard Wagner, the in- sured: "I hereby declare and warrant that the answers to the above questions, and the statements made in the application on the other side hereof, are true, and were written by me or by my proper age...nt, and that said answers and statements, together with this warranty, shall form the basis of any contract of insurance that may be entered into between me and the Globe Mutual Insurance Association, and that if a spntract of insurance is issued it shall not be binding on the com- pany unless, upon its date and delivery, I shall be in sound health." On the front side of the sheet, on the back of which is the medical examination and statement signed, as above, by the insured, is the application by appellee for the policy, and over her signature appears the following: "I hereby make application for the policy described above, and as an inducement to the association to issue a policy, and as a consideration therefor, make the agreement as to agency, and all other agreements and warranties contained in the medical exam- ination, as fully as if I had signed the same." It appears from the evidence that a brother of the insured died in London, England, more than four years prior to the date of the ap- plication for insurance in this case, but there is no evidence tending to show that the insured ever knew of his brother's death.

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