Legal Opinion · Dissent

Western Union Life Ins. v. Barber

Court of Appeals for the Ninth Circuit

Decided October 18, 1920No. 3450Published

Appeal from the District Court of the United States for the District of Oregon; Robert S. Bean, Judge. Suit in equity by the Western Union Life Insurance Company against A. C. Barber, State Insurance Commissioner of Oregon. Decree for defendant, and complainant appeals.

1DissentGilbert, Circuit Judge

It is the contention of the appellant that the Oregon statutes permit the appellant’s agents who solicit insurance in the state of Oregon to receive premium notes in their own names and as their own property, and to negotiate and dispose of the same as such. I think that the court below properly held otherwise. Section 14 of tire Laws of 1917 provides in clear terms that all notes taken in payment of premiums shall be regarded as the property of the insurance company, and that any suit to collect any such note shall be brought by and in the name of the company. Section 24k of the same act…

2Cases cited7 opinions

  1. United States v. MooreSupreme Court of the United States · 1878
  2. Edward's Lessee v. DarbySupreme Court of the United States · 1827
  3. Winters v. GeorgeOregon Supreme Court · 1891
  4. Southern Pine Co. v. HallCourt of Appeals for the Fifth Circuit · 1900
  5. Swensen v. Southern Pac. Co.Oregon Supreme Court · 1918

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