E. & S. Motor Transportation Co. Ex Rel. Freeston v. World Fire & Marine Insurance

Opinion by

Gawthrop, J.,

This is an action in assumpsit brought by the use plaintiff, Horace R. Freeston, in the name of E. & S. Motor Transportation Company, Inc., the legal plaintiff, (hereinafter called Motor Company) to his use, against the World Fire and Marine Insurance Company, to recover the sum of $2,043.50', which was alleged to be the amount of the return premium due under a certain policy of insurance issued by the defendant to the Motor Company and subsequently can-celled.

The plaintiff’s statement alleged, inter alia, that on or about March 12, 1926, Freeston, an insurance broker,…