Nature of the Case
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Facts
American (P) issued life insurance policies on Reese Smith Stewart for $10,000. Three months and eight days after obtaining the insurance, Reese died and P sued to cancel the insurance as Reese made fraudulent statements regarding his health when the policies were issued. P sued under a policy provision that allowed them to contest the issuance of the policy up to two years regardless of the reasons. Ds moved to dismiss the bill for a want of equity. Ds then began an action in the same court to recover the proceeds of the policies. Eventually, the cases were brought to trial, and the trial court found fraud and decreed that the policies were null and void. That was reversed on appeal.
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