Continental Insurance v. Hillmer

This is an application for a rehearing. It is asserted “that the evidence in the ease does not support the opinion heretofore rendered; that there is no evidence to show that Thomas knew a thing about the ten-dollar payment, and surely nothing to indicate that he kept back a thing in the case.” The twenty-sixth finding of the trial court commences as follows:

“That on December 2,1885, the said Thomas, in pursuance of the request of said Hillmer, wrote the said home office a letter, and inclosed therein ten dollars in money, which said letter was duly registered and mailed at Topeka, Kansas,”…