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METROPOLITAN LIFE INSURANCE COMPANY, appellant, v. SADIE URBACK,respondent.

1. The bill was properly dismissed because complainant failed to prove the falsity of the statements on which it relied when it issued its policy on insured's life.

2. Consultation with a physician in order to discover if any trouble is developing so that it may be treated in its early stages is not included within the scope of an insurance application question as to whether the appellant has consulted a physician for any ailment or disease.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Vice-Chancellor Bigelow, filed in the Court of Chancery.

For affirmance — THE CHIEF-JUSTICE, BODINE, HEHER, PERSKIE, OLIPHANT, DILL, McGEEHAN, JJ. 7.

For reversal — PARKER, DONGES, WELLS, RAFFERTY, JJ. 4.

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METROPOLITAN LIFE INSURANCE CO. v. URBACK
(May 3, 1946)