The first contention of the plaintiff in error is that the language used in the policy does not make the application itself a part of the policy, and, the statements and agreements referred to not being set out, the reference, because of its indefiniteness, is inoperative. The application was read in evidence, and that part bearing upon this contention reads: I hereby apply for an insurance of $5,000 of the ordinary life alternative plan, premiums payable annually, with the Mutual Benefit Life Insurance Company, on the life of William Grandison Parish, born at Huntsville, state of Texas, on the 22d day of January, 1853, at present and for two years resident of Dallas, county of Dallas, state of Texas. I hereby warrant that he is not intemperate in the use of stimulants or narcotics. I agree that the answers given herewith to the questions of the agent and examiner, which I declare and warrant to be true, shall be the basis of my contract with the company, and that such contract shall at all times and places be held and construed to have been made in the city of Newark, New Jersey.
I also agree that if, within two years from the date of the policy, the insured shall, without the written consent of the company, reside or travel elsewhere than in or to the United States, Canada, or Europe; or shall within such period, and without such consent, be personally engaged in blasting, mining, submarine operations, or in the making of explosives, or in the service of any railway train, or on a steam or sailing vessel, or in navy or army service in time of war; or within such period shall commit suicide, while sane or insane, the policy hereby applied for thereupon shall become null and void.
The policy referred to this application, using the following language: “That the Mutual Benefit Life Insurance Company, in consideration of the statements and agreements in the application for this policy, which are hereby made a part of this contract, and of the sum of one hundred and fifty-four dollars and twenty cents to it in hand paid by William G. Parish, and of the annual premium of one hundred and fifty-four dollars and twenty cents to be paid,” etc., “does insure the life of William G. Parish,” etc.
