American Mutual Liability Insurance v. Chicago-Los Angeles Building Corp.

-This was an action on an alleged account stated in the sum of $655.67. The answer denied that defendant, the appellant herein, became to plaintiff on an account stated or otherwise in said or any sum" or that any sum was owing or unpaid from defendant to plaintiff. No other issue was presented by the pleadings.

A stipulation of facts was made by the parties and was considered by the lower court, in which stipulation the parties agreed, among other things, that plaintiff “had demanded of the defendant the sum of $655.67, claiming the same was due upon a policy ... of compensation insurance issued by plaintiff, as insurer, to defendant, as insured, under which plaintiff insured defendant as employer against liability under the Workmen’s Compensation Law, and that at all times after the making of such demand, defendant had refused to pay the same, or acknowledge liability therefor; . . . that the said amount of $655.67 was the correct amount . . . without having deducted the dividend which defendant claimed on account of the participating clause (in the policy). That defendant had notified plaintiff that it was entitled to an accounting under the clause of said policy providing for…