Page:Federal Reporter, 1st Series, Volume 3.djvu/333

 826 TEDEBAL BEPOBTEB. �view especially to a further consideration of certain questions of law arising in the case. The case is now submitted to the conrt (the parties having waived a jury) upon the special ver- dict and the newly-disoovered evidence subsequently taken. It is conceded that the premium which became due on the fourteenth of April, 1877, was not, in fact, paid, and that unless plaintif has shovra a waiver of payment, or that the non-payment resulted from the fault of defendant, the policy Bued on is forfeited. The facts relied upon by plaintiff to excuse the non-payment of this premium, as they appear from the special verdict and the testimony since taken, are as f ollows : �First. The premium due April 14, 1876, was paid without objection after maturity, as herein\fter stated. With this exception, ail the premiums were paid as they matured prior to April, 1877. �The defendant's agents always notified assured in advance of the time vi^hen the premium would become due, and in said notice stated the amount of cash dividend which came due to the assured at the maturity of the premium. �Second. The assured, having moved to Minneapolis, was informed in 1876, before the premium was due, that he could pay the same at the Hennepin County Savings Bank, which he did on the fourteenth day of April, 1876, nearly one month after the same was due, which payment was received by the agent of defendant without objection. �Th'ird. The Hennepin County Savings Bank, early in March, 1877, ceased to be the defendant's agent to collect eaid premiums, and no notice was given the assured of that fact, or that any other agent had been appointed. �Fourth. In March, 1877, the defendant notified the assured that the premium on the policy would fall due April 24, 1877, and that a cash dividend of $6.09 would be due him at that time, which he could apply on the premium, and after deduct- ing this amount pay the balance; but no notice was given the assured of any agent to whom the premium could be paid in Minneapolis, and from whom a renewal receipt could be obtained. The notice did, however, require payment to be ����