Walter J. Warren Insurance Agency v. Surpur Timber Co.

In this action brought by plaintiff against defendant for insurance premiums defendant appeals from the judgment awarding plaintiff $2,259 plus interest on that amount from August 17, 1960. Defendant’s contentions are that plaintiff cannot recover judgment for premiums due on an account assigned to plaintiff after suit was commenced; that one of the trial court’s findings is not supported by the evidence; and that the allegations in plaintiff’s original verified complaint constitute admissions which are conclusive on plaintiff.

In its original complaint, which was filed on August 17, 1960, plaintiff set forth four causes of action against defend ant. The first cause was upon an open book account for $609.37; the second upon an account stated in the sum of $609.37; the third upon indebitatus assumpsit in the sum of $1,650.22; and the fourth upon an account stated in the sum of $1,650.22. Based upon these four causes of action plaintiff prayed for judgment in the sums of $609.37 and $1,650.22. On June 29, 1961 plaintiff filed an amended complaint, the first two causes of action of which were identical to the first and second causes of action in the original complaint. In its third…