Watts v. Metropolitan Life Ins. Co.

On Rehearing.

THOMAS, J.

In.Brooklyn Life Ins. Co. v. Bledsoe, 52 Ala. 538, 542, the first payment was made to the agent of defendant, who did not report it; when the second annual payment was to become due, on February 19th the next year, on the 6th of that month assured asked “indulgence upon payment of next premium,” and reply was made on the 14th, stating that the policy stood as canceled on the company’s books. There was evidence that the first payment was duly made, but that no other effort was made to pay the second premium; held, assured had not been prevented from making or tendering…