Blake

The defendant appeals from an order refusing a new trial.

The action was upon a policy of life insurance issued by defendant December 26, 1889. The defense was that the policy had been forfeited for the nonpayment of premium which fell due December 26, 1863. It was stipulated in the policy that failure to pay any premium, or any part thereof, or any note given therefor when due, should cancel the insurance and con *472 tract, and that agents were not authorized to receive premiums after the day when they were payable, and could not give credit or waive forfeiture.

The complaint contains two counts or causes of action. In the first full performance of all conditions on the part of the insured is alleged. In the second it is admitted that there was a failure to pay the annual premium which became due December 26, 1893, and it is averred that the condition was waived 'and credit was given to the insured.

A preliminary objection is made on the part of respondent that in defendant’s motion for a new trial there is “no sufficient specification of the particulars in which the evidence is alleged to be insufficient.” The trial was by jury, which rendered a general verdict for…