South Dakota Supreme Court April 10, 1928, File No. 6052 (Orr v. National Fire Ins.)

FO'LLEY, J.

This case is here on rehearing. The opinion of the court on the former hearing is reported in 50 S. D. 519, 210 N. W. at page 744. In defendant’s petition for a rehearing no *514complaint is made of our disposition of its first defense, to wit, that the policy sued upon had lapsed prior to the loss because of plaintiff’s nonpayment of the premium.