Royal Neighbors of America v. Sims
Royal Neighbors of America v. Sims
Opinion of the Court
This Is an appeal from the judgment of the court awarding appellees the sum named in a policy of insurance issued by appellant to Mrs. Leila Youngblood,- of which appellees were the designated beneficiaries. In the court below appellant alleged as matter of defense that Mrs. Youngblood, in her application for insurance, stated she was born December 18, 1862, while in truth she was born May 18, 1858, making her age that at which appellant would not have insured her, and which false statement, by the provisions of the policy, rendered it void and unenforceable. Appellees by sworn plea alleged in substance that the application signed by Mrs. Youngblood had been materially altered or changed after she signed same, by adding after the figures “18” the figures “62.” The court found as matter of fact that the application signed by Mrs. Youngblood did not contain the statement that she was born on the 18th day of December, 1862, but contained the statement that she “was born * * * on the 18th day of December, 18 — .”
We conclude that the court’s conclusion does find support in the evidence. There is an apparent difference between the handwriting euiployed in placing the figures “62” after the printed figures “18” and that used in filling in the large number of other blanks in the application. The court was authorized to regard and inspect that difference in reaching a conclusion. Millington v. Millington, 25 S. W. 320. The fact that appellant had attached to its policy a copy of the application disclosing that Mrs. Youngblood did not make the statement that she was born in 1862 is a circumstance of no mean significance, when it is considered- that only from the application signed by Mrs. Youngblood could a copy be made. To the foregoing might be added the further circumstance that no officer, agent, or representative of appellant testified that they had not altered the instrument, or detailed the manner of its keeping, or in whose possession or control it was during the years following its receipt.
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Reference
- Full Case Name
- ROYAL NEIGHBORS OF AMERICA v. SIMS Et Al.
- Cited By
- 4 cases
- Status
- Published