Jackson v. Metropolitan Life Insurance
New York Supreme Court
Demurrer to defenses in an action to recover an overpayment made by mistake.
1Opinion of the CourtPutnam, J.
Plaintiff, formerly an agent of defendant, having brought suit for the recovery of $800 alleged to have been overpaid to defendant by mistake, defendant interposed two defenses claiming that the action was barred. To these defenses plaintiff demurred.
The first defense, alleging that under the agreement no suit is maintainable until ten days after service upon the president or secretary of the defendant company by registered letter of a written claim, is met by the allegation in the complaint that repayment of said sum of $800 had been duly demanded. The requirement of a demand by registered…
2Cases cited1 opinion
- People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882
3Cited by1 opinion
- Appel v. Metropolitan Life InsuranceCity of New York Municipal Court · 1935