New York Court of Appeals November 27, 1900 (Holden v. . Metropolitan Life Ins. Co.)

Martin, J.

The defense interposed was a breach of warranty by the insured, in that the representations contained in his application to the effect that no brother of his had ever had consumption, and that the insured had never had bronchitis or dyspepsia, or been attended by any physician therefor were false and untrue.

On the trial the defendant called as a witness James T.