EVANS, Circuit Judge.
Appellant assails a judgment for $53,387.10 recovered by appellee, the beneficiary named in a life insurance policy issued by appellant, on the ground that the policy had lapsed for non-payment of premium. The controversy turns upon whether payment was made when insured gave to the insurer's general agents a post dated check which was subsequently dishonored because of insufficient funds. Shortly afterwards the insured committed suicide.
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