Platt v. Bowers

THACHER, District Judge.

The agreement made in 1909 between the plaintiff and the Fidelity & Deposit Company of Maryland clearly indicates upon its face that to the extent bf $10,000 a year for 15 years the annual payments to the plaintiff were to be paid in consideration of the surrender then made of his right to receive commissions upon renewal premiums, if and when paid under policies of insurance previously written by him. The obligation to pay $150,000 was unconditionally fixed prior to March 1, 1913, although in fixing it the plaintiff’s promise not to compete was exacted.

Had the…