This is an action upon a policy of life insurance in which a verdict and a judgment were rendered for the plaintiff. The policy was taken out on the twenty-first of February, 1878, by the Union Trust Company of New York, for the benefit of the children of William Orton who might survive him. The insured died on the twenty-second of April of the same year. In the application signed by the trust company and by Orton the following question (the seventh) was propounded: 'Have you ever had any of the following diseases? Answer (yes or no) opposite each.' Then follows a list of diseases about which the applicant was asked-apoplexy, paralysis, insanity, epilepsy, habitual headache, fits, consumption, pneumonia, pleurisy, diphtheria, bronchitis, spitting of blood, habitual cough, asthma, scarlet fever, dyspepsia, colic, rupture, fistula, piles, affection of liver, affection of spleen, fever and ague, disease of the heart, palpitation, aneurism, disease of the urinary organs, syphilis, rheumatism, gout, neuralgia, dropsy, scrofula, small-pox, yellow fever, and cancer or any tumor. As to colic, fistula, and fever and ague, the answer was 'yes,' and as to all the other diseases, 'no.' Being asked in the same question to state the number of attacks, character, and duration of all the diseases which he had had, the applicant answered: 'Had fistula in 1871, induced by intermittent fever; radically cured.' The eighth question was: 'Have you had any other illness, local disease, or personal injury; and if so, of what nature, how long since, and what effect on general health?' The answer was: 'Had colic for one day, October, 1877; no recurrence; general health good.' The fourteenth was: 'How long since you were attended by a physician; in what diseases? Give name and residence of such physician.' The answer was: 'October, 1877; for colic; Dr. Hasbrouck, of Dobbs' Ferry; sick one day.' The fifteenth was: 'Is there any fact relating to your physical condition, personal or family history, or habits which has not been stated in the answers to the foregoing questions, and with which the company ought to be made acquainted?' The answer was: 'No; nothing to my knowledge.' The sixteenth was: 'Have you reviewed the answers to the above questions, and are you sure they are correct?' The answer was, 'yes.' The application concluded in these words: 'It is hereby declared and warranted that the above are fair and true answers to the foregoing questions; and it is acknowledged and agreed by the undersigned that this application shall form a part of the contract of insurance, and that if there be, in any of the answers herein made, any untrue or evasive statements, or any misrepresentations or concealment of facts, then any policy granted upon this application shall be null and void, and all payments made thereon shall be forfeited to the company.' Upon the back of the application were several indorsements, among them the following: 'PROOFS OF DEATH REQUIRED.-Blanks for the several certificates required to be made in proof of death will be furnished upon request.' The policy purports to have been issued in consideration of the representations and declarations made in the application, and of the payment of the annual premium at the time designated therein. It purports, also, to have been issued and accepted upon certain express conditions and agreements, among which are: 'That the answers, statements, representations, and declarations contained in or indorsed upon the application for this insurance-which application is hereby referred to and made part of this contract-are warranted by the assured to be true in all respects, and that if this policy has been obtained by or through any fraud, misrepresentation, or concealment, then this policy shall be absolutely null and void.'