Ferrandini v. Bankers Life Ass'n

Citations

• 51 Wash. 442
• 99 P. 6
• 1909 Wash. LEXIS 1207

Syllabus

<p>Appeal — Review—Harmless Error — Trial of Cause. Under Bal. Code, § 6535, requiring the supreme court to disregard all technicalities and determine the cause on its merits, error cannot be assigned on setting a cause for trial before the issues are made up, where the parties had full opportunity to present the merits.</p> <p>Pleading — Reply—Departure—Insurance — Action on Policy. In an action upon life insurance policies where the complaint was in usual form, and the answer alleged breach of warranty and false representations as to the health of the deceased in making the application, it is not a departure in pleading for the reply to set up an estoppel to interpose those defenses by the act of its physician in examining the deceased and assuring him that he was in good health and free from disease; since it was incumbent upon the defendant to allege the breach of warranty and plaintiff need not anticipate defenses.</p> <p>Same. It is not a departure in pleading that a complaint in an action on life insurance policies alleged that the deceased applied for the insurance, and the reply alleged that the defendant solicited the insurance, as the same is immaterial.</p> <p>Appeal — -Review—-Harmless Error — Pleadings. Error in overruling a demurrer to a reply to an affirmative defense is harmless where no. proof was offered to' support the defense.</p> <p>Appeal — Decision—Damages for Delay. In affirming a judgment, damages for delay will not he awarded where the appeal was prosecuted in apparent good faith, although there was little merit in the appeal.</p>