Dunne Ford Sales, Inc. v. Continental Assurance Co.

DAY, District Judge.

This is an action wherein the plaintiff originally sought to recover the sum of $20,965, being the amount of insurance premiums paid by it to the defendant for two policies of life insurance issued by it on the life of John M. Dunne, its President and Treasurer. It contends that said amount was paid by it to the defendant upon a condition or contingency that did not occur. Subsequent to the *976institution of this action, said policies were cancelled at the request of the plaintiff and the sum of $9,000, representing the cash surrender value of said policies, was paid to the…