Ward Hunt

“ No man is justified in the utterance of a falsehood. It is an equal offence in morals, whether committed for his own benefit or that of another. The fallacy of this position as a legal proposition, will appear in what we shall presently say of the contract made between the parties.
We are to observe, first, the averment of the plea: That Kennedy, in and by his application for the policy of insurance, in answer to a question asked of him by the company, whether he was 'married or single?' made the false statement that he was 'single,' knowing it to be untrue ”

“ The jury may say, as the counsel here argues, that it is immaterial whether the applicant answers truly if he answers one way, viz., that he is single, or that he has not made an application for insurance. Whether a question is material depends upon the question itself. ”

“ This stipulation is not expressed to be made as to important or material statements only, or to those supposed to be material, but as to all statements. The statements need not come up to the degree of warranties. They need not be representations even, if this term conveys an idea of an affirmation having any technical character. Statements and declarations is the expression; what the applicant states and what the applicant declares. Nothing can be more simple. If he makes any statement in the application it must be true. If he makes any declaration in the application it must be true. ”

“ Among them were the following: 'Did any of the party's near relatives die of consumption or any other pulmonary complaint?' and 'Has the party's life been accepted or refused at any office?' To each of these questions the applicant answered 'No.' The answers were false. F. signed the proposal and a declaration accompanying, by which he agreed 'that the particulars above mentioned should form the basis of the contract.' The policy mentioned several things, which were warranted by F., among which these two answers were not included. ”