![]() ![]() Under the rules of the common law, an appellate court may set aside a verdict for error of law in the proceedings and order a new trial, but it may not itself determine the issues of fact. Must under the Seventh Amendment he tested by the rules of the common law. The power of a federal court to reexamine issues of fact tried by a jury The Constitution, as originally adopted, conferred upon this Court appellate jurisdiction both as to law and fact subject to exceptions and regulations prescribed by Congress, but this, as well as the jurisdiction of the other federal courts, was subsequently restricted by the Seventh Amendment so far as actions at law are concerned. While the Seventh Amendment is not applicable to proceedings in the courts of the several states, it is controlling in the federal courts, and, although under the practice of the state a judgment may be entered on the evidence non obstante veredicto, the federal court may not do so but must order a new trial where the evidence does not sustain the verdict. The federal courts cannot follow state statutes or practice in opposition to a provision of the federal Constitution. The temporary retention by an insurance company of a partial payment of a premium subject to the direction of the insured held, under the circumstances of this case, not to constitute a waiver of full and timely payment. ![]() Where there is a method for extending payment of premiums which is known to the insured, who also knows that the agent has no power to extend on any other terms, the insured takes nothing by an attempt to extend in a different manner in which an element of substance in the prescribed method is omitted. One dealing with an agent knowing that his authority is limited and that his acts transcend the limits cannot hold the principal. Where a life insurance policy plainly provides for payment of the stipulated premium within a specified period of grace after the due day and as plainly excludes any idea of partial payments distributed between the premium dates, the insured gains nothing by giving an agent a portion of the premium in the absence of authority given him by the company to accept it. ![]()
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