Lewis v. New York Life Ins. Co.

• Decision Date: 17 February 1919
• Docket Number: No. 13125.,13125.
• Parties: LEWIS v. NEW YORK LIFE INS. CO.
• Court: Missouri Court of Appeals

209 S.W. 632

LEWIS v. NEW YORK LIFE INS. CO.

No. 13125.

Kansas City Court of Appeals. Missouri.

February 17, 1919.

Appeal from Circuit Court, Jackson County; Joseph A. Guthrie, Judge.

"Not to be officially published."

Action by Lulu M. Lewis against the New York Life Insurance Company. From judgment for plaintiff, defendant appeals. Reversed.

Lathrop, Morrow, Fox & Moore, of Kansas City, for appellant.

Chas. M. Howell, Langsdale & Howell, and Boyle & Howell, all of Kansas City, for respondent.

TRIMBLE, J.

This is a companion case to the one between the same parties, docketed as No. 13124, 209 S. W. 625, and decided at the same sitting at which this is handed down. It is on a policy for $5,000 on the life of plaintiff's husband, application for which was made December 4, 1912. The policy was delivered December 13, 1912, and insured died January 16, 1913. The defense is rescission of the contract, based on the untrue statements made in the application, the same as in the other case; and the questions presented on appeal are the same. The two were submitted together as one case, and the disposition made of the other case governs this one.

Hence the judgment is reversed.

All concur.