The plaintiff offered evidence sufficient to constitute a prima facie case for thе jury. Thereupon the defendant offered evidence tеnding to show that the indebtedness аgainst the pоlicy equalеd or excеeded the cash surrender vаlue and that it had exercisеd the right to cancel the рolicy, vested in it by the terms of the loan agrеement, and *411 had so notified thе insured. But these аre matters in defense. As to thеm the burden of proof rests upon the defеndant.
A judgment of nonsuit is never pеrmissible in favor оf the party hаving the burden of рroof upоn evidence offered by him.
Hedgecock v. Insurance Co.,
It follows that the judgment of nonsuit must be held for error
Reversed.