David Josiah Brewer

“ Under these circumstances, and without considering any other question, the judgments of the Court of Appeals of the Ninth Circuit and of the Circuit Court of the United States for the District of Washington are reversed, and the case remanded to the latter court, with instructions to overrule the demurrer to the answer of the defendant.
Mr. Justice Peckham did not sit in the hearing, and took no part in the decision of this case. ”

“ That the said Samuel B. Stewart was at all times advised and informed that default had been made by him in payment of each and every premium, and the whole thereof, due on said policy, subsequent to the said first annual premium paid at the delivery of said policy; and that the said Samuel B. Stewart in his lifetime never paid or offered to pay any premium, or any part of any premium, due upon said policy subsequent to that paid upon the delivery thereof as aforesaid. ”