Henry Darling Inc. v. Harvey-Given Co.

(After stating the foregoing facts.) One of the questions raised by the general grounds of the demurrer concerns the plaintiff’s right to sue on the account. It is argued that the petition discloses upon its face that the plaintiff is seeking to recover the premiums on insurance policies written by various companies toward which the plaintiff occupied only the relation of agent, if even that, and that since there are no special allegations to show a right of action in the plaintiff, the necessary inference is that the liability of the defendant, if existing, is a liability to the insurance…