Miller v. McGinnis

Plaintiff seeks recovery of $3,600 paid to defendant from the proceeds of a life insurance policy in which plaintiff was named as the beneficiary, such payment having been made to defendant by reason of an assignment by plaintiff who alleges that the assignment was procured by fraud and without consideration. The circuit judge, who heard the case without a jury, held that this payment or assignment was an accord and satisfaction of a controversy between these parties, and further that plaintiff in making the assignment was not induced to do so by the alleged fraudulent representations. From a…