Barna v. Clifford Country Estates, Inc.

This case was tried before the court without a jury. The action is brought to recover the sum of $2,597.75 paid by the plaintiff to the defendant under an agreement in writing between the parties dated April 27, 1925, and a modification of said agreement in writing dated September 20, 1927, on the ground that the said agreements are illegal and void since such agreements constitute contracts of insurance executed in New York State, and that the defendant was not authorized to transact the business of insurance within the State as required by section 9 of the Insurance Law (as amd. by Laws of…