MR. JUSTICE BREWER delivered the opinion of the court.
This case is, in all material respects, similar to that of Mutual Life Insurance Company v. Bessie F. Sears, Executrix, just decided. The answer of the company, which was demurred to, and the demurrer sustained, contained these allegations:
"That neither the said Samuel B. Stewart, nor any one on his behalf, ever paid, or offered to pay, any premium, or any part of any premium due, or to...
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