Cornwell v. Surety Fund Life Co.

This action has been here before, and will be found reported in 44 S. D 391, 184 N. W 211 ,to which reference is made for a statement of the facts involved on the former appeal.

After the demurrer of the defendant had been overruled, it answered, and as a defense alleged that the insured had failed to pay the premium that fell due on the 9th day of April, 1916, and that for that reason the policy had lapsed and ceased to be an obligation on the 9th day of May, 1916, and that said policy had been canceled prior to the death of the decedent. In its answer defendant denied the allegation in the…