Daniel v. Manhattan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The’Manhattan Life Insurance Company of "Hew York, from a judgment of the Supreme- Court in favor of the plaintiff, entered in the office of the clerk of -the county of Kings on the-23d day of January, 1906, upon the verdict of a jury for $2,750, and-also from an order entered in said clerk’s office on the 26th day of January, 1906, denying- the- defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The’Manhattan Life Insurance Company of "Hew York, from a judgment of the Supreme- Court in favor of the plaintiff, entered in the office of the clerk of -the county of Kings on the-23d day of January, 1906, upon the verdict of a jury for $2,750, and-also from an order entered in said clerk’s office on the 26th day of January, 1906, denying- the- defendant’s motion for a new trial made upon the minutes. Also an appeal by the plaintiff, Walter Travers Daniel, from^the same judgment for insufficiency of damages, and also- from an order entered in said clerk’s office on…
1Dissent
Jenks, J. (dissenting):
The action is for damages for the breach of a contract. On February 15, 1894, the parties made a contract whereby the defendant employed the plaintiff as its agent to solicit applications for life insurance. It contained a clause that the employment was terminable by either party upon a written notice óf 30 days. The relation continued until April 6, 1900, when the defendant served the plaintiff with a notice of termination. The original contract from time to time was amended and was changed, and the plaintiff now sues on the theory that the contract extant in 1900 was…
2Cases cited8 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- Blossom v. . GriffinNew York Court of Appeals · 1856
- Barhydt v. . EllisNew York Court of Appeals · 1871
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