Legal Opinion

Powell v. Fowler

Supreme Court of Arkansas

Decided March 2, 1908PublishedCited by 7 opinions

Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. Plaintiff, A. S. Fowler, entered into a written contract with R. P. Powell, one of the defendants, whereby he employed the latter to act as his agent in soliciting and procuring applications for life insurance in the Massachusetts Mutual Life Insurance Company, of which plaintiff was general agent in Arkansas.

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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; statement by the court. Plaintiff, A. S. Fowler, entered into a written contract with R. P. Powell, one of the defendants, whereby he employed the latter to act as his agent in soliciting and procuring applications for life insurance in the Massachusetts Mutual Life Insurance Company, of which plaintiff was general agent in Arkansas. By this contract, Powell was, in common with other agents, authorized to solicit insurance in any part of Arkansas where the insurance company permitted policies to be issued. He bound himself to act…

1Opinion of the Court

McCulloch, J.,

(after stating the facts.) It is conceded that the evidence was sufficient to sustain the verdict, and that no errors were committed in the admission of evidence. The only errors assigned are in the giving and refusing of instructions to the jury.

It is unnecessary to set out the instructions given and refused, as they can be intelligently discussed without doing so. There was evidence introduced to the effect that the advance due to be made on September x, 1905, was not made by appellee Fowler at that time, but that by agreement between him and R. P. Powell the time for that…

2Cited by7 opinions

  1. The Shepard Land Company v. BaniganSupreme Court of Rhode Island · 1913
  2. Fidelity & Deposit Co. v. Merchants & Farmers BankSupreme Court of Arkansas · 1915
  3. Ucovich v. First Nat. Bank of VictoriaCourt of Appeals of Texas · 1911
  4. Reid v. Miles Construction CorporationCourt of Appeals for the Eighth Circuit · 1962
  5. Copeland v. National Union Fire InsuranceSupreme Court of Arkansas · 1928

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