National Life & Accident Ins. Co. v. Casillas

On Motion for Rehearing.

We conclude that we were not warranted in holding that the record shows, as a matter of law, that the premium receipt dated “10-1-30” was applied by appellant to the payment due in February, 1031. A careful scrutiny of the record brings grave doubt of the good faith and accuracy of appellant’s testimony upon that question. When appel-lee offered the receipt appellant strenuously objected to its introduction, upon trivial grounds. When it was admitted over those objections, appellant’s witnesses sought, by shifty and flimsy explanations to discredit the effect of the…