Legal Opinion

Stier v. Imperial Life Ins. Co.

U.S. Circuit Court for the District of Western Missouri

Decided June 5, 1893PublishedCited by 9 opinions

At Law. Action by George H. Stier against the Imperial Life Insurance Company of Detroit, Mich., to recover damages for breach of contract. By consent of parties the cause was referred to a referee, and is now heard on exceptions by both parties to his report. The other facts fully appear in the following statement by PHILIPS, District Judge: This is an action founded on contract of agency.

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At Law. Action by George H. Stier against the Imperial Life Insurance Company of Detroit, Mich., to recover damages for breach of contract. By consent of parties the cause was referred to a referee, and is now heard on exceptions by both parties to his report. The other facts fully appear in the following statement by PHILIPS, District Judge: This is an action founded on contract of agency. The defendant, an insurance company, in 1889 employed the plaintiff, by written contract, as agent to solicit policies, stipulating for certain commission on premiums collected, and for certain commission…

1Opinion of the Court

PHILIPS, District Judge,

(after stating the facts.) It is more important than usual, in the consideration of this case, to keep in mind the character of the action and the state of the pleadings. The action throughout is predicated upon a contract, and proceeds for breaches thereof. The contract is set out in substance, and it is then averred that the plaintiff kept and performed the same on his part, and that the defendant broke and failed to keep the same. The petition alleges that the contract was to continue in force until the same was terminated by the neglect or refusal on the part of…

2Cases cited5 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
  3. Mansur v. BottsSupreme Court of Missouri · 1883
  4. Newcomb v. Imperial Life Ins.U.S. Circuit Court for the District of Eastern Missouri · 1892
  5. North Carolina State Life Insurance v. WilliamsSupreme Court of North Carolina · 1884

3Cited by9 opinions

  1. Moore v. Security Trust & Life Ins.Court of Appeals for the Eighth Circuit · 1909
  2. Kansas Union Life Ins. v. BurmanCourt of Appeals for the Eighth Circuit · 1905
  3. Wallace v. American Life InsuranceOregon Supreme Court · 1924
  4. Locher v. New York Life InsuranceMissouri Court of Appeals · 1919
  5. Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942

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