Pierce Butler

“ If the writ is not to be dismissed and the case is to be decided on the construction of the statute, the Court's reversal of the judgment, in the absence of the application which, for purposes of decision, it assumes to exist, can only proceed on the ground that under no circumstances could a defense based on a clause in the policy itself be said to be one 'on account of anything contained in or omitted from the application.' With that conclusion I am unable to agree. ”

“ Respondent sued in the municipal court of the District of Columbia to recover the amount of an insurance policy issued by petitioner December 12, 1927, on the life of her husband who died May 22, 1929. The policy was delivered to the insured, and all premiums were paid in the District of Columbia where he lived. Adequate proof of death, plaintiff's demand for payment and defendant's refusal to pay were conceded. The policy contained these provisions: 'This Policy constitutes the entire agreement between the Company and the Insured and the holder and owner hereof. ”

“ Plainly the question is not of such general interest or importance as under the rules and practice of this Court warrants its review upon certiorari. For these reasons, it is the duty of this court to dismiss the writ as improvidently granted. Tyrrell v. District of Columbia, 243 U.S. 1, 37 S.Ct. 361, 61 L.Ed. 557; Southern Power Co. v. ”