25 S.D. 406 | S.D. | 1910
This case is before us on rehearing. The original opinion is reported in 23 S. D. 1, 119 N. W. 1008, and a restatement of the facts is unnecessary -here. It is contended that there was never a valid delivery of the policy of insurance. But the answer itself admits that the renewal 'policy was mailed to and received by the assured. The real contention of appellant upon this point seems to be that, although the policy was so delivered, it was accompanied- by a written notice which advised the assured that “no policy will be considered in force until the’premium is paid, without the written consent of the secretary.” The assured denied that this notice was received with the policy, and the finding of the court upon- this issue of fact cannot be disturbed, under the evidence in the record. But were this not so-, in the view we take of this case, the fact would be immaterial. We do- not
Upon what theory can the company now seek exemption from the operation of that law? Can it be contended that the company may enact a by-law which in effect repeals the statute? But counsel for appellant discuss this by-law of the corporation as -though it expressly forbade the delivery of the policy by the officers until the premium- is first paid by the assured. -Such is not its lan
We have given careful attention to the able discussion of counsel of other propositions ruled in the former opinion of the court, and we are satisfied that they were correctly decided.
The judgment and order of the trial court are therefore af firmed.