Metropolitan Casualty Insurance v. Badler

Action by insurer against insured to recover $250 as for money had and received.

Certain dresses for the defendant, tenant of the 48 West Twenty-fifth Street Corporation, were damaged by the alleged negligence of the landlord in the maintenance of a water pipe.

1 Plaintiff paid defendant $250 to settle the loss, and thereafter defendant received in satisfaction of his claim for the identical loss $325 from the landlord and gave a general release therefor, retaining the dresses which had been damaged.

Plaintiff received no assignment from the defendant; under the terms of the policy it was…