Lundy

The defendant, A. L. Lundy, made application to the Northwestern Mutual Life Insurance Com pany for a policy of insurance upon his life, in the amount of $10,000, and gave his promissory note for the sum of $601.60 in payment of the first premium. The note was made payable to Clarence M. Smith, the general manager of the company, who personally paid to his principal the amount of the premium upon the issuance and delivery of the policy to the defendant.

The note was subsequently assigned to the corporation plaintiff. When the note became due the defendant refused to pay it, and this action was brought to enforce payment. Judgment was entered in favor of the plaintiff upon the verdict of a jury. This appeal is from the judgment and the order denying the defendant’s motion for a q.ew trial.

As a defense to the action the defendant relied upon the absence of a consideration for the execution of the note, and also pleaded a total failure of consideration therefor if it should be found that a consideration ever existed.

The defendant’s motion for a nonsuit was properly denied. The introduction of the note in evidence, as a part of the plaintiff’s case, carried with it the…