Berliner

The plaintiff brought this action against the defendant to recover upon two policies of insurance, the first? cause of action being upon an accident policy, and the second upon a life policy, each issued to George Berliner, and each policy being payable to the plaintiff (then the wife, now the widow, of the insured) in case of his death. Hpon the trial the-plaintiff was nonsuited upon the first cause of action, and had a verdict and judgment upon the second cause of "action based-. *453 upon the life .policy. The plaintiff appealed from the judgment of nonsuit upon the first cause of-action (S. F. No. 1048), and the defendant takes this appeal from the judgment against it on the life policy, and from an order denying its motion for a new trial. These appeals are separate and are separately considered.

■ The defendant is a corporation having its principal or home office at Hartford, Connecticut. W. W. Haskell is and was its general agent at San Francisco. Mr. Berliner made his application for insurance to Mr. Haskell, who forwarded it to the home office, and the policy was there made and sent to Mr. Haskell. It bore date at Hartford, June 25, 1895, and was received by Mr. Haskell…