Boro Hall Agency, Inc. v. Citron

Defendant, William Citron, Inc., an insurance broker, placed a policy of' insurance with National Fire Insurance Company through its then agent, Boro Hall *61Agency, Inc., the plaintiff. The premium was advanced by a finance company, and paid to plaintiff as agent.

Following acceptance of the policy, and payment of the premium, a commission check was mailed to the defendant, which bore on the reverse side, the following stamped legend:

“ IN CASE OF CANCELLATION THE UNDERSIGNED AGREES TO RETURN THE UNEARNED COMMISSION ’ ’.

Significantly, the legend was not stamped on the check across the top in the…