Oliver Wendell Holmes, Jr.

“ The case went to trial on the 17th, 21st, 26th, and 27th pleas. The 17th set up the last-mentioned answer, denying the use of spirits freely or to excess, and averred that it was material, induced the issuing of the policy, and was false in that the applicant had a habit of using spirits freely. The 21st was similar, except that the falsity alleged was that the applicant used spirits to excess. The 26th set up the answers to the medical examiner; averred that the applicant did have a habit of drinking spirits; that the answer was material, and induced the making of the policy. ”

“ A. No.' The declaration to the medical examiner contained the following questions and answers: 'Q. Do you drink wine, spirits, or malt liquors, daily or habitually? A. No habit of drinking liquors. Q. If so, which of these, and to what extent daily? Note. State the daily amount. ”