Smith v. Foster

Undercofler, Justice.

Pennsylvania Millers Mutual Insurance Company filed suit against Virgil T. Smith in Whitfield County where he is a resident. It alleged Smith served as its agent until April 30, 1969 when said agency terminated. It claimed Smith was illegally withholding from it certain insurance premiums which had been received by him as trust funds during the period he had been its agent. It also claimed other amounts due on account and expenses of litigation.

Smith, among other defenses, asserted that there had been an accord and satisfaction between the complainant and him because he…