Smith v. Penn Mut. Life Ins. Co.

On Rehearing.

GARDNER, Chief Justice.

Based upon the theory that the foregoing opinion by Mr. Justice BROWN constituted an opinion by the Court as an extension of the original opinion in response to applica tion for rehearing, counsel for appellee have re-argued the entire case upon a second application for rehearing. The first paragraph of the opinion of Mr. Justice BROWN on rehearing would appear to be but a re-affirmation of the conclusion of the Court reached upon the original consideration of the case — that the policy was not subject to forfeiture on March 25th, 1938, and that, as a…