We think on the whole record that there were several false answers to material questions in the application for insurance (“Combination Accident Policy”) made by plaintiff. There was no dispute on the record as to the falsity of these answers and as a matter of law we think they were material. On account of the language in the application, we do not think that there has been any waiver by defendant as to its right to refuse payment on account of the false answers to the material questions contained in the application for the policy sued on.

On this record we think the nonsuit was proper. We see no new or noval proposition of law. The judgment in the court below is

Affirmed.