Appelman v. Broadway Insurance

1. Plaintiff’s cause of action was stated in two counts — one on an account for fire insurance premiums received by defendant to the use of plaintiff ; tbe other on an account stated, covering the same premiums. The first ground of defense was a denial; the second a counterclaim. The form of the denial was: “Denies each and every other material allegation of the said second alleged cause of action. ’ ’

The evidence of plaintiff tended to show that defendant was its local agent; that as such he wrote policies, collected premiums thereon and was indebted in a balance upon an account for shell…