Campbell

The appellant was insured by respondent company against loss by burglary of his residence. Having suffered such a loss, he instituted an action upon the policy of insurance. Judgment was rendered in favor of the defendants, and the plaintiff appealed.

The case comes to us upon stipulated facts and the judgment-roll. By a policy of insurance issued in December, 1924, upon which a premium was paid for the period of one year, it was recited that the same should cover loss or damage occurring “within the policy term defined in state ment 13 of the schedule or within any extension thereof under renewal certificate issued by the company”. In the year 1925 a renewal" certificate was issued upon payment to Price by appellant of the premium for a second year. In January, 1927, appellant paid the requisite premium to Price, who receipted for the same. It is stipulated that “the sum of $26.17 for said third premium was not and no part thereof, was at any time paid to Eagle Indemnity Company, or its general agents, or any other person, firm or corporation, and Eagle Indemnity Company at ho time issued any renewal certificate on said policy other than the renewal certificate above referred…