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THE

INSURANCE

LAW JOURNAL.

VOLUME X.

NEW YORK:
PUBLISHED BY C. C. HINE.

161 BROADWAY.

1881.

PUBLIC LIBRARY

85404

ASTOR, LENOX AND TILDEN FOUNDATIONB. 1897.

COPYRIGHT 1881.-C. C. HINE.

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IN INSURANCE CASES, RENDERED IN THE UNITED STATES SUPREME
AND CIRCUIT COURTS, AND IN THE STATE
SUPREME COURTS.

AGENT.

§1. LIFE.-Recovery back of Money Paid on Bond of.-Practice.-Unauthorized Insurance.-Suit was brought to recover back money recovered on an agent's bond by the company, in which the judgment was subsequently reversed on the ground that the company not being authorized to do business in the State could not maintain the action. Held, that as a general principle, money collected or paid upon lawful process of execution cannot be recovered back though not justly or lawfully due by the defendant in the execution to the plaintiff. Where, however, upon appeal the judgment which supported the execution has not only been reversed, but on a re-trial final judgment has been entered in favor of the opposite party, the principle does not apply. Restitution is not always of right; it is frequently a matter of grace, and the refusal of the Supreme Court to grant a writ of restitution, upon the reversal of a judgment on which the money had

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