Penn Mutual Life Insurance v. Bradley
New York Supreme Court
Appeal from judgment on report of referee. Action by the Penn Mutual Life Insurance Company against Edwin C. Bradley, Harvey H. Bartholomew, and Nelson S. Williams, to recover for money had and received. From a judgment in favor of plaintiff, defendant Bradley appeals. Affirmed. For former report, see 14 N. Y. Supp. 948.
1Opinion of the CourtLewis, J.
There is but one cause of action stated in the complaint. It was so held by this court upon an appeal from an order made in this action, where that question was presented, and that is for money had and received by the defendants for the plaintiff while they were acting as plaintiff’s agents in procuring life insurance and collecting premiums, which premiums they failed to pay to the plaintiff, and converted to their own use. The appellant contends that the plaintiff was not entitled to recover the premiums, for the reason that the company was not authorized to do an insurance business in the…
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