Degnan v. General Accident, Fire & Life Assurance Corp. of Perth, Scotland
New York Court of Appeals
Appeal from a judgment entered June 13, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action by an insurance broker to recover commissions.
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Appeal from a judgment entered June 13, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action by an insurance broker to recover commissions. Plaintiff brought two applications for accident liability insurance to defendant’s general agents who stated that his compensation would be twenty five per cent of the earned premiums. After 4he policies' had been in force some months the policies, at the request of the insured,' were…
1Per curiam
In holding that the complaint was properly dismissed by the Appellate Division, we confine our decision to the action now before us. We leave open the question whether the plaintiff may recover his commissions on the basis of the short rate premium which the defendant failed to exact in canceling the policies. That is not the theory either of the complaint or of the trial. The complaint was framed and the action tried upon the theory that the cancellation was ineffective and that the policies remained in force.
The judgment should be affirmed with costs.
Hiscock, Ch. J., Chase, Hogan, Cardozo,…
2Cited by29 opinions
- Beidler & Bookmyer, Inc. v. Universal Ins.Court of Appeals for the Second Circuit · 1943
- Clinchy v. Grandview Dairy, Inc.New York Court of Appeals · 1940
- Northwest Underwriters, Inc. v. HamiltonCourt of Appeals for the Eighth Circuit · 1945
- In Re Guardianship of MedleyDistrict Court of Appeal of Florida · 1990
- Tax Commission v. HutchisonOhio Supreme Court · 1929
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