California Insurance Co. of San Francisco v. Dudley

Plaintiff in error filed a petition in the County Court of El Paso County, alleging that defendant’s intestate was indebted to it in a considerable sum for insurance premiums collected by him as agent of the claimant, and praying that the claim be allowed as of the first class. Defendant in error filed a general demurrer to the petition, which was sustained. The petition was thereupon dismissed. It is now urged that the court erred in said action because: (1) the money claimed was held in trust, and hence the claim was by statute (Sec. 7206 R. S. 1908) of the first class; and (2) because, if…