Miller v. Insurance Co. of North America
New York Supreme Court
Appeal by plaintiffs from the report of a referee, and a judgment dismissing the complaint. The action was brought by Robert Miller and William Scott, to recover $39.81 gold, which the plaintiffs claimed to b.e due from defendant, as commissions on the amount of premiums charged on five policies of marine insurance, issued by defendant. Gatlin & Satherwait were defendant’s agents in New York city. The answer was a general denial of all except specified allegations.
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Appeal by plaintiffs from the report of a referee, and a judgment dismissing the complaint. The action was brought by Robert Miller and William Scott, to recover $39.81 gold, which the plaintiffs claimed to b.e due from defendant, as commissions on the amount of premiums charged on five policies of marine insurance, issued by defendant. Gatlin & Satherwait were defendant’s agents in New York city. The answer was a general denial of all except specified allegations. The case was referred, and the referee found as matters of fact that the defendant had agreed to allow the plaintiffs a…
1Opinion of the CourtGilbert, J.
The finding of the referee, that there was an agreement to pay the commissions, rests upon the testimony of the plaintiff Miller. He stated that the conversation out of which the agreement arose, was had with one or the other of the defendant’s agents, who were Mr. Gatlin and Mr. Satterwaith. These agents were called as witnesses for the defense. Satterwaith denied having made the agreement with Miller, and Catlin denied any agreement to pay commissions before the premiums were paid. Upon this evidence, the referee was justified in finding that the agreement as stated by Miller was made,…
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