Koon v. Insurance Co.
Supreme Court of the United States
Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action of debt brought by the Phoenix Mutual Life Insurance Company against Henry H. Koon as principal, and the other defendants as sureties, on- a bond in the penal sum of $10,000,' conditioned for the faithful performance of his duties as agent of the company. The defendants pleaded nil debet.
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Error to the Circuit Court of the United States for the Northern District of Illinois. This is an action of debt brought by the Phoenix Mutual Life Insurance Company against Henry H. Koon as principal, and the other defendants as sureties, on- a bond in the penal sum of $10,000,' conditioned for the faithful performance of his duties as agent of the company. The defendants pleaded nil debet. It appears from the bill of exceptions that upon the retirement of the jury “it was agreed by the parties-that the jury might, when they had agreed upon their verdict, if the court should not then be in…
1Opinion of the CourtChief Justice Waite
The stipulation “ that the jury might, when they had agreed on their, verdict, if the court should not then be in session, sign and seal the same,, and deliver the same to the officer in charge and disperse,” was equivalent to an agreement by both parties, on the retirement of the jury, that the court might, when 'the sealed verdict was handed in by the officer, open it in the absence of the jury and reduce it to proper form, if necessary.' The stipulation was also a waiver of the right to poll the jury if they should not be in court.
The issue to be tried was on a plea of nil debet. This…
2Cited by12 opinions
- Freeman v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1932
- Smyth Sales, Inc. v. Petroleum Heat & Power Co.Court of Appeals for the Third Circuit · 1944
- Shaffer v. Great American Indemnity Co.Court of Appeals for the Fifth Circuit · 1945
- Smith v. Paul.Supreme Court of North Carolina · 1903
- Gay v. JoplinU.S. Circuit Court for the District of Eastern Missouri · 1882
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