Peacock v. Our Home Life Insurance

Citations

• 73 Fla. 1207
• 75 So. 799

Syllabus

<p>1. All points adjudicated by an appellate court upon a writ of error or*an appeal become the law of the case, and are no longer open for discussion or consideration, but this principle has no applicability to and is not decisive of points presented upon a second writ of error that were not presented upon the former writ of error, and consequently were not before the appellate court for adjudication.</p> <p>2. A judgment of reversal is not necessarily an adjudication by the appellate court of any other than the questions in terms discussed and decided.</p> <p>3. The giving of a note is prima facie not a payment, but merely an extension of time for the payment till the note matures.</p> <p>4. Where a policy of life insurance js issued and a note is given for the first premium which note is not paid at maturity, but the insured after the note was due and unpaid refused to pay it, and unconditionally stated that he did not intend to pay the note or in anywise comply with the contract of insurance and stated that he will not take the policy or pay the note or be bound by the same, and it is then agreed between the insurance company and the maker of the note that the contract of insurance together with the note shall stand discharged, and the maker of the note dies without making any payment, the beneficiary, being the wife of the maker of the note, cannot recover on the policy in view of its conditions.</p> <p>5- The judgment should not be reversed or a new trial granted in any case, oivil or criminal, for errors in rulings upon the admission or rejection of evidence or for errors in giving or refusing charges, or for errors in any other matter of procedure or practice, unless it shall appear to the court from a consideration of the entire cause that such errors injuriously affect the substantial rights of the complaining party. Nor should a judgment be reversed or a new trial granted on the ground that the verdict is not sustained by the evidence, unless it appears t