Legal Opinion

Wyatt v. McNamee

Appellate Terms of the Supreme Court of New York

Decided April 15, 1906PublishedCited by 1 opinion

Appeal "by the plaintiff from a judgment of the Municipal Court of the city of New York, thirteenth district, rendered in favor of the defendants upon demurrer to the complaint.

1Opinion of the CourtBischoff, J.

A demurrer for insufficiency of substance was interposed to this complaint, which contains every element of the statement of a cause of action upon a contract of employment to solicit life insurance; but the demurrer was sustained upon the ground that the plaintiff’s case depended upon his alleging, affirmatively, that he had procured from the State Superintendent of Insurance a certificate of authority, without which, the statute declares, “ No person shall act as an agent, subagent or broker, in the solicitation or procurement of applications for insurance or for any policy of insurance,…

2Cases cited3 opinions

  1. Crichton v. Columbia InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
  2. Thompson v. Colonial Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Thompson v. Colonial Assurance Co.New York Supreme Court · 1900

3Cited by1 opinion

  1. Epstein v. S. Weisberger Co.Appellate Terms of the Supreme Court of New York · 1907

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