Aris v. Mutual Life Insurance Co. of New York

Citations

• 54 Wash. 269
• 103 P. 50
• 1909 Wash. LEXIS 982

Syllabus

<p>Appeal — Review—Harmless Error — Instructions. Error in giving or refusing instructions is harmless where, under the evidence, no other verdict could have been rightfully given or allowed to stand and the prevailing party was entitled to judgment notwithstanding a contrary verdict, and the verdict rendered follows as a conclusion of law from the evidence.</p> <p>Insurance — Policy—Application-—False Answers — Occasional Use oe Liquors. Answers in an application for life insurance that the insured had no daily habit of drilling, that he drank occasionally, that he drank whiskey, and had always been in the habit of taking an occasional drink, are not shown to have been wilfully and intentionally false, so as to avoid liability on the policy, by evidence that at intervals he drank to excess and became intoxicated; there having been no representations made as to that point, although the medical examiner was instructed to make special investigation as to the occasional use of intoxicants.</p>