Citizens Casualty Company of New York v. Hackett

McDonough, justice:

Plaintiff sues and upon a trial to the court recovered judgment against the defendant, George L. Hackett, for $4,671.96 insurance premiums which the court found he had collected and failed to remit to the plaintiff. Defendant appeals.

The defendant contends that the court erred in: 1) not dismissing the controversy on grounds of res judicata and on grounds that the plaintiff’s certificate of authority to transact business in Utah was invalid; 2) that the pretrial order was construed too narrowly — not including the issue of the invalidity of plaintiff’s certificate of.…