I think the court erred in directing a verdict for the defendant. A question of fact was presented, which should have been submitted to the jury, as to the authority of'the defendant’s agent Kraemer to waive the conditions of the policy, and .also as to whether he.did not, in fact, .waive the conditions which it is claimed constitute a forfeiture. (Lewis v. Guardian Fire & Life Assurance Co., 181 N. Y. 392.) . "
Judgment and order affirmed, with costs. Order filed.