218   RIGHTS AND POWERS OF INSURER

The policy was dated September 10, 1923, and was delivered to the insured shortly thereafter and before September 25, 1923. The policy recited that the company insured the life of Walter E. Myers, and agreed to pay, at its home office, immediately on receipt of proof of death of the insured, provided premiums had been paid and the policy was in force, the sum of $3,000 to his wife, Edna E. Myers, beneficiary. Privilege was reserved to the insured to change beneficiary, and if no beneficiary survived the insured the policy was payable to his executors, administrators, and assigns. These were the initial provisions of the policy. Following them various subjects of contract were dealt with under headings, or words which served for headings, in bold-face capital letters. The first one of the succeeding provisions covered the subject of incontestability:

"(1) This Policy Shall Be Incontestable after one year from the date of issue, if premiums have been duly paid."

On the second page of the policy, under the heading "General Provisions," which was as prominent as any other, appeared seven numbered provisions. The fourth read as follows:

"(4) In case of suicide of the insured, whether sane or insane, within two years from the date of this policy, the liability of the company shall be limited to the amount of the premiums actually paid."

The case was submitted on an agreed statement of facts and some depositions supplementing the agreed statement. The agreed statement contained the following:

4. That on the 27th day of August, 1924, the said Walter E. Myers committed suicide by hanging. * * * That on September 22, 1924, proofs of death of said Walter E. Myers were made and delivered to the defendant, showing that the said Walter E. Myers had committed suicide by hanging. * * * That on time 30th day of September, 1924, the defendant tendered to the plaintiff the sum of $120, being the full and actual amount of premiums paid by the said Walter E. Myers on said policy. * * *

5. This action was instituted on the 11th day of April, 1925, and no other action has been commenced in any court concerning said policy of insurance."

The depositions tended to show the company received information on September 3, 1924, that the insured had committed suicide, which was seven days after the event, and seven days before the policy became incontestable.

Plaintiff contends the company undertook to contest the policy, and was precluded from doing so because contest was not begun within one year from the date the policy was issued. In support of this contention plaintiff cites the case of Priest v. Kansas City Life Ins. Co., 119 Kan. 23, 237 Pac. 938. In the Priest case the coin-