69 So. 10 | Ala. | 1915
While this cause was tried upon several special pleas, replications thereto, and rejoining No. 2 to said replications, the only issue to be passed upon in determining whether or not the defendant was entitled to the general charge is proof vel non of said rejoinder. The special pleas do not deny the policy of insurance, but set up, in effect, a forfeiture of same for nonpayment of dues, and negative a reinstatement or renewal of the policy after said forfeiture. The replications deny the nonexistence of the insurance contract at the death of the insui*ed, and, while admitting the default in the payment of certain dues, which would operate as a forfeiture, set up facts showing that the forfeiture was waived by a subsequent receipt and retention of the premiums by one with authority to bind the defendant.
The jury could well infer that if Mrs. Milner had authority in the matter, she merely authorized Greene to look into the matter and get the receipts and see that the policy had been properly reinstated and did not appear lapsed upon the records of the order.
The trial court did not err in refusing the defendant’s general charge as to the whole complaint, or as to the different counts thereof separately. Moreover, the charges as to the respective counts were in bad form.— Goldstein v. Leake, 138 Ala. 573, 36 South. 4458.
The judgment of the city court is affirmed.
Affirmed.