Cohen v. Metropolitan Life Insurance

Order of the Appellate Term reversing judgment of the Municipal Court and dismissing complaint, and the judgment entered thereon, reversed on the law and the facts, with costs, and judgment reinstated. The institution of the conversion action of the defendant against its agent, Peterson, was an election of remedies then available to it, which bars it from now taking the inconsistent present position herein in disaffirmance of Peterson’s acts. It then had full knowledge that Peterson, its agent who had authority to present claims and procure *790the issuance of cheeks therefor, had presented a…