DocketNumber: 16244
Judges: Stephens
Filed Date: 2/18/1926
Status: Precedential
Modified Date: 11/8/2024
1. Where an applicant for life insurance stated in his application that the only disease from which he had suffered was an attack of neuralgia from the teeth about four years prior to the date of the application, which attack lasted for three days and was moderate, and that he had completely recovered therefrom, that he was treated for such disease by a named physician, the .only physician who had treated him, when in fact the ailment from which he had suffered was designated by the attending physician as “facial paralysis,” from which he completely recovered after having all his teeth extracted, and when in
2. Although a' witness for the defendant may have testified as to the good character of the insured without the foundation having been formally laid for such testimony, yet where the extent of the knowledge of the witness as to the character of the insured appears from the evidence, the admission of his testimony that the character of the insured was good, if error, was harmless to the defendant. The probative value of such evidence was for the jury.
3. The. evidence authorized a finding that the testimony of another physician, which was favorable to the defendant, had been impeached, and also authorized the verdict found for the plaintiff. No error of law appears.
Judgment affirmed.