General Exchange Insurance v. Driscoll

All three counts of the declaration are, in substance, for money had and received. The object of the action is to recover the sum of $300 which came into the hands of the defendant in the manner hereinafter set forth.

There is little or no genuine dispute about what we regard as the decisive facts. The plaintiff insured Francis D. Campion against damage to his automobile by collision. Campion’s automobile was in collision with an automobile owned by one Cohen and driven by one Sigel, and was damaged. The plaintiff paid Campion $450 under the terms of its policy and took from him so called…