New Amsterdam Casualty Co. v. Goldstein

This is an action of contract in which plaintiff seeks to recover the sum of $5075 paid to defendant for the loss by theft of an automobile insured by defendant with plaintiff against such risk.

In Count 1 plaintiff seeks to recover on the basis of having paid the loss under a mistake of fact—namely, that it was without knowledge that legal title of the automobile was not in the defendant at the time of insurance.

Count 2 is a common count for money had and received to the use of plaintiff. Both counts are for the same cause of action.

Defendant answered by way of general denial, compliance with…