Julien v. Star Insurance Co. of America

(concurring) :

I concur in the opinion of Mr. Justice Carter. The plaintiff testified that he said to the agent of the insurance company: “I told him I would move my furniture again — • down the country, in a few weeks, and after I did that I would come to see him. He said ‘All right.’ ” The agent, Mr. Whitaker, with whose fairness I am much impressed, in his testimony regarding this conversation with the plaintiff, said, T don’t recall that he told me about moving, if he did, I don’t say he didn’t, but I don’t recall it.” The evident purpose of Mr. Whitaker to assist one of his customers…