McKeague v. Helen

Allen, C. J.:

This case comes up on appeal from the Police Justice of Honolulu.

An action for money had and received was brought against the defendant, for money received by him from the plaintiff on account of premium on application for a policy of insurance on the life of said plaintiff, to the ‘‘Mutual Life *329Insurance Company of New York,” and the Police Justice ruled that if the agent exceeded his authority, as alleged by the plaintiff, in giving receipt for the money paid by him, the remedy would be, action on the case, and not assumpsit for money had and. received, and on this ground the…