Phillips v. St. Paul Fire & Marine Ins.

F. M. Savery was a local agent for the appellee, and this suit was filed against him by it for an accounting as to premiums collected by him, and for a decree for the- amount found to be due by him. to the appellee, alleged in the bill of complaint to be five hundred eight dollars and eighty-one cents with interest thereon. Savery answered denying liability and pleading a settlement with the appellee under which he paid and it accepted, the amount agreed on. F. M. Savery died while the suit was pending, and it was revived in the name of his administratrix.

The evidence discloses that Burnham,…