#### Anna Stapleton, Appellee, v. National Council of the Knights and Ladies of Security, Appellant.

Gen. No. 20,341.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Clabence N. Goodwin, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed April 28, 1915.

Statement of the Case.

Action by Anna Stapleton in the Superior Court of Cook county against the National Council of the Knights and Ladies of Security to recover the benefit of a certificate issued to Anna A. Stapleton, the deceased daughter of the defendant, wherein a trial by jury resulted in a verdict and judgment against the defendant for $801.50. To reverse the verdict of the jury and the judgment thereon, defendant appeals.

A. W. Fulton, for appellant.

*483Abstract of the Decision.

1. Insurance, § 338 * —when insurer hound by acts of physician. A life insurance company is bound by the acts of its regular examining physician who acts within the scope of his authority in filling out the application for insurance.

2. Insurance, § 904*—when evidence shows statement of true age at time of application. Evidence in action on a benefit certificate held to sustain plaintiff’s claim that insured in applying for insurance gave her true age to defendant’s physician, but the latter inserted an incorrect age, the applicant at the time having been about two months under the minimum age required for membership.

3. Appeal and error, § 1256*—when party cannot complain of error. A party to an action cannot complain of an instruction in his favor.

Gorman, Pollock, Sullivan & Livingston, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number,

Mr. Presiding Justice Baume

delivered the opinion of the court.