Inman v. Sovereign Camp of the Woodmen of the World , 211 N.C. 179 ( 1937 )

CoNNOR, J.

When tbe application on wbicb tbe certificate sued on in this action was issued, was received by tbe defendant at its home office in tbe city of Omaha, Nebraska, it contained representations as to matters other than tbe physical condition of tbe applicant. These representations were false. For that reason C. S., 6460, if applicable to this case, is not determinative of tbe question presented by this appeal.

The representations were material to the issuance of the certificate. Bryant v. Ins. Co., 147 N. C., 181, 60 S. E., 983. For that reason, notwithstanding the evidence for the plaintiff which tended to show that the representations, although false, were not fraudulent, under the provisions of C. S., 6289, and of the certificate, the certificate is null and void and of no effect. There is therefore no error in the judgment dismissing the action.

The knowledge which, the evidence for the plaintiff tended to show the agent of the defendant who solicited the application had of the falsity of the representations contained in the application at the time it was signed by the applicant, cannot be imputed to the defendant. Thompson v. Assurance Society, 199 N. C., 59, 154 S. E., 21. The defendant had the right to rely and did rely upon the statements and representations contained in the application, which was in writing and signed by the applicant, at the time it was received at its home office.

The applicant did not read the application or request that it be read to him before he signed it. His failure to do either was not induced by any fraud on the part of the agent. When he signed the application, he knew that the agent had written answers to the questions contained in it. He represented to the defendant that these answers were true.

There is no error in the judgment. It is

Affirmed.