Garfield v. Rutland Insurance
Supreme Court of Vermont
Trustee -Process. Heard upon tbe report of a commissioner at the September Term, 1896, Windham County, Start, J., presiding. It was the custom for the trustees to pay the return premiums, and they should be allowed to deduct what they have thus paid. V. S. 1365; Strong & Buck v. Mitchell, 19 Yt. 644. The trustees’ undertaking was original and not within the statute of frauds.
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Trustee -Process. Heard upon tbe report of a commissioner at the September Term, 1896, Windham County, Start, J., presiding. It was the custom for the trustees to pay the return premiums, and they should be allowed to deduct what they have thus paid. V. S. 1365; Strong & Buck v. Mitchell, 19 Yt. 644. The trustees’ undertaking was original and not within the statute of frauds. Greene v. Burton, 59 Yt. 423; Farnham v. Chapman, 61 Yt. 3j55. The trustees, with' the knowledge and for the benefit of the defendant, guaranteed by parol to refund the unearned premium to policy holders in case of…
1Opinion of the CourtMunson, J.
The trustees were the agents of the defendant company, with power to receive proposals for insurance, to fix rates of premiums, to receive moneys, and to issue policies and consent to their transfer. The policy used by the company contained provisions for its cancellation, and for a return of the unearned portion of the premium. In the transaction of their business, the agents sometimes found it necessary to guarantee the solvency of the company and the repayment of premiums in the event *551of cancellation. In view of this situation, the company-agreed to give the agents a commission of twenty…
2Cases cited3 opinions
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Strong & Buck v. MitchellSupreme Court of Vermont · 1847
- Hazeltine v. PageSupreme Court of Vermont · 1832
3Cited by5 opinions
- Bushnell, Receiver v. KRAFFTIndiana Court of Appeals · 1962
- Johnson v. ButtonSupreme Court of Virginia · 1917
- Conti v. JohnsonSupreme Court of Vermont · 1917
- Bothwell v. Employers Underwriters Agency, Inc.Court of Appeals of Maryland · 1924
- Independence Indemnity Co. v. DreyfusCourt of Appeals for the Sixth Circuit · 1931