MR. JUSTICE HARLAN delivered the opinion of the court.
By its policy, issued July 16, 1878, the Ætna Life Insurance Company insured the life of William A. Davey in the sum of ten thousand dollars, payable to his wife, the present defendant in error, within ninety days "after due notice and proof of the death" of the insured, during the continuance of the policy. Among the questions in the application for the policy were the following: "5. Are the habits of the...
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