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48 NORTH DAKOTA REPORTS

have consulted a physician in the last 10 years; illness, name and address of physician, date, duration, any remaining effects.” To which she answered: “Appendicitis; Dr. Sweitzer, St. Paul; 1915; 10 days; good recovery.” “Q. 8. Have you ever had gallstones or any disease of the liver?” To which she answered: “No.” .“Q. 9. Give full particulars of any other disease or injury you have had.” She said: “None.” “Q. 10. Are you in good health as far as you know and believe?” She answered: “The best.” Answer: They were.

Question No. 10: Did the defendant company believe said answers and all of them to be true? Answer: Yes.

If you answer question No 10 in the affirmative, then answer. No. 11.

Question No. 11: Did the defendant, in full reliance upon said answers being true, and not otherwise, issue and deliver said policy of insurance? Answer: Yes.

Question No. 12: Were said answers and all of them false? Answer: No.

Question No. 13: Were said answers, or any of them, false? An- swer: No.

If you answer the last question in the affirmative, then answer question No 14.

Question No. 14: Which one or ones were false? Answer:

Question No. 15: Were they known to be false by the said Amelia Victoria Plotner when made? Answer: No.

Question No. 16: Were they made with the corrupt ‘and fraudulent intent of inducing the defendant to issue said policy of insurance? Answer: No.

Question No. 17: Did Amelia Victoria Plotner, on or about June 28, 1919, consult Dr. C. I. Oliver, a physician of Graceville, Minn.? Answer: Yes.

Question No. 18: Did the said physician at said time given her a thorough examination, consisting, among other things, of an X-ray examination of the stomach? Answer: Yes.

Question No. 19: Did said physician at said time diagnose Amelia Victoria’s ailment as cholecystitis or gallstones? Answer: No.

Question No. 20: Did said physician at said time so inform Amelia Victoria Plotner of said diagnosis? Answer: No.

Question No. 21: Did the defendant company promptly upon learning of such facts rescind said contract of insurance, and tender back to the