Citizens National Life Insurance v. Ragan

1. In a suit upon a policy of life insurance, where the issue is as to payment or non-payment of the premium, an agent of the insurer is not incompetent, under the Civil Code, § 5858 (4), to testify that the premium was paid to him by the insured, and that he did not remit it to the insurer. In such a case the pecuniary interest of the witness was the same, no matter which party prevailed. If the plaintiff recovered, the witness was liable to the insurer for the amount of the premium. If the defendant prevailed, on the theory that the contract of insurance had never been executed, the witness…