
    CATHARINE JACOBS vs. THE NATIONAL LIFE INSURANCE COMPANY OF THE UNITED STATES OF AMERICA.
    At Law.
    No. 10849.
    Evidence may "be given under tbe general issue, showing misrepresentations in the statements made in an application for life-insurance, which by the terms of the instrument constitute part of the policy.
    This was an action on a policy of life-insurance. The defendant pleaded the general issue. On the trial of the case the policy was given in evidence, and among other conditions in the instrument was one, that the “statements and declarations made in the application for the policy, and on the faith of which it is issued, are in all respects true, and without the suppression of any fact relating to the health, habits, or circumstances of the person insured, affecting the interests of ' said company.”
    It was also provided that, in case of the violation of any of the conditions, the policy was to become null and void.
    The defendants further gave in evidence to the jury testimony tending to show that.certain of the statements made in said application for insurance, relative to the physical history of the person insured, were untrue, but the justice who tried the case instructed the jury that the defendant was not entitled to any evidence under the general issue, tending to show that misrepresentations were contained in the application, and excluded such testimony from their consideration. A verdict was rendered for the plaintiff, and, on a bill of exceptions taken by the defendants, the court in general term reversed the judgment, holding that misrepresentations in an application for a policy of life-insurance, as to the previous health and physical condition of the person whose life is insured, is a good defense under the general issue.
    I. G. Kimball, with whom was R. T. Merrick, for the plaintiff.
    
      Edwin L. Stanton and A. S. Worthington for the defendant
     