Castleman v. Southern Mutual Life Ins.
Court of Appeals of Kentucky
Case 12 — PETITION ORDINARY APPEAL FROM PAYETTE CIRCUIT COURT. 1. The custom allowing the agent a per cent on renewals and policies secured by him for three years after his removal by the company, was not inconsistent with the written contract. “ In many instances evidence of custom or usage is admissible for the purpose of annexing incidents to the terms of a written instrument concerning which the instrument is silent.
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Case 12 — PETITION ORDINARY APPEAL FROM PAYETTE CIRCUIT COURT. 1. The custom allowing the agent a per cent on renewals and policies secured by him for three years after his removal by the company, was not inconsistent with the written contract. “ In many instances evidence of custom or usage is admissible for the purpose of annexing incidents to the terms of a written instrument concerning which the instrument is silent. (Starkie on Evidence, pages 710, 722, 723; Cooper v. Kane, 19 Wend. 386.) Parol evidence is admissible to prove such portions of the contract as are not embraced in the…
1Opinion of the Court
JUDGE HINES
delivered the opinion oe the court.
Appellant, January 1,1877, entered into a contract, in writing, with the Southern Mutual Life Insurance Company, by which he undertook, for the consideration therein expressed, to act as agent for the company. Among the stipulations in the contract are the following:
“All the above-mentioned commissions shall continue so long as the said agent shall continue to collect them under this agreement, unless otherwise agreed.
“On or before the last days of each month, and at such other times as may be specially directed by the company, said second party…
2Cases cited2 opinions
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- McKegney v. Widekind & Co.Court of Appeals of Kentucky · 1869
3Cited by6 opinions
- Edge v. OttCourt of Appeals of Kentucky · 1913
- Gernhert v. Straeffer'sCourt of Appeals of Kentucky · 1916
- Farmer v. GregoryCourt of Appeals of Kentucky · 1880
- City of Covington v. Kanawha Coal & Coke Co.Court of Appeals of Kentucky · 1905
- Lanham v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905
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