FOSTER, Circuit Judge.
Appellee, Mrs. Spencer, as beneficiary brought suit to recover on a policy of insurance issued in the sum of $25,000, on the life of her husband by appellant, together with 12 per cent. penalties and reasonable attorney's fees, allowed by the law of Texas for delay in payment. Appellant admitted issuing the policy and that all premiums had been paid, but incorporated in the answer an equitable defense as follows: That the policy had lapsed on...
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