Sullivan

Action to recover eight hundred and fifty-four dollars, the complaint being in two counts; the first on a *189 special written agreement, and the second for money had and received for the use of plaintiff.

The plaintiff is the executor of the will of his father, John Sullivan, who died in July," 1882; and the defendant is the widow of Michael Sullivan, deceased, who was a brother of John Sullivan.

It is alleged in the complaint that “on the tenth day of January, 1890, the defendant being indebted to the estate of John Sullivan in the sum of eight hundred and fifty-four dollars for money before that time advanced by John Sullivan in his lifetime to pay certain premiums on a policy of insurance on the life of Michael Sullivan, issued by the Hew York Life Insurance Company for the sum of seven thousand five hundred dollars, and payable to defendant, which said policy was in the possession of said John Sullivan, and was among his papers, and it requiring a great deal of time and labor to discover and find the same, and the said insurance company having refused to pay said policy unless the same was found and surrendered to it,” the plaintiff and defendant entered into the following…