King v. Raleigh
Missouri Court of Appeals
Appeal from. St. Louis Circuit Court. — Now. John A. Tatty, Judge. (1) The contract provides for compensation by way of fixed allowance, ‘ ‘ during his continuance as agent under this contract,” in the shape of commissions on the first premium and on the next five subsequent renewals on all business written by plaintiff. The termination of the contract did not involve loss of commissions on renewal premiums already earned and allowed. Spaulding v. Life Ins.
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Appeal from. St. Louis Circuit Court. — Now. John A. Tatty, Judge. (1) The contract provides for compensation by way of fixed allowance, ‘ ‘ during his continuance as agent under this contract,” in the shape of commissions on the first premium and on the next five subsequent renewals on all business written by plaintiff. The termination of the contract did not involve loss of commissions on renewal premiums already earned and allowed. Spaulding v. Life Ins. Co., 61 Me. 322; Hale v. Ins Co., 46 Hun 294. (2) Every canon of construction leads to this interpretation of the contract. The cardinal…
1Opinion of the CourtGoode, J.
Raleigh, the defendant, is the agent of the John Hancock Mutual Life Insurance Company for the State of Missouri, and on the seventh day of April, 1898, he made a written contract with the plaintiff, King, by which he appointed King agent “with *4authority to procure applications for policies of insurance upon the lives of individuals and collect premiums in accordance with the rules of'said company.”
Other clauses of the contract material to- the case before us are:
First. " The said J. J. Raleigh agrees to allow the said party of the second part, during the continuance of his. agency under this…
2Cases cited4 opinions
- Phœnix Mutual Life Insurance v. HollowaySupreme Court of Connecticut · 1884
- Stagg v. Insurance CompanySupreme Court of the United States · 1871
- Jacobson v. Connecticut Mutual Life InsuranceSupreme Court of Minnesota · 1895
- North Carolina State Life Insurance v. WilliamsSupreme Court of North Carolina · 1884
3Cited by18 opinions
- Chase v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1905
- Baker v. Missouri National Life Insurance CompanyMissouri Court of Appeals · 1963
- Graff v. Lemp Brewing Co.Missouri Court of Appeals · 1908
- Locher v. New York Life InsuranceMissouri Court of Appeals · 1919
- Fidelity & Deposit Co. of Maryland v. Washington Life Ins. Co. of New YorkDistrict Court, D. Maryland · 1912
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