Currier v. Mutual Reserve Fund Life Ass'n
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Western District of Texas. Tlie plaintiff in error sued the Mutual Reserve Fund Life Association, the defendant in error (hereinafter called “plaintiff” and “defendant”), for commissions alleged to have been earned by him, as the soliciting agent of the defendant, under a written contract of employment at an agreed rate of commissions.
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In Error to the Circuit Court of the United States for the Western District of Texas. Tlie plaintiff in error sued the Mutual Reserve Fund Life Association, the defendant in error (hereinafter called “plaintiff” and “defendant”), for commissions alleged to have been earned by him, as the soliciting agent of the defendant, under a written contract of employment at an agreed rate of commissions. In pursuance of his agency the plaintiff solicited and obtained applications for life insurance from officers of the 33d regiment of the United States volunteers. The applications were made in the usual…
1Opinion of the Court
TOUtAHN. District Judge,
stating the case as above, delivered the opinion of the court.
We think the undisputed facts show that the plaintiff in error had done all that he undertook to do under the terms oí his enqiloy-oient. He procured applications for insurance in accordance with his instructions and with the rules and regulations of the defendant in error, and forwarded them to the home office of the defendant in error for iis action upon them. The applications were in due form, and it is to he presumed that the applicants were insurable risks, and that the risks were satisfactory to the…
2Cases cited1 opinion
- Kock v. EmmerlingSupreme Court of the United States · 1860
3Cited by4 opinions
- Johnson v. ButtonSupreme Court of Virginia · 1917
- Porterfield v. American Surety Co.Court of Appeals of Kansas · 1919
- Bothwell v. Employers Underwriters Agency, Inc.Court of Appeals of Maryland · 1924
- Van Arsdale - Osborne Brokerage Co. v. JonesSupreme Court of Kansas · 1916