Legal Opinion

North Carolina State Life Insurance v. Williams

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 16 opinions

Civil Action, commenced before a justice of tlie peace and tried on appeal at Fall Term, 1883, of Edgecoiibe Superior Court, before Shepherd, J. The defendant was constituted and became an agent of the plaintiff company in the prosecution of its business of life insurance, under and by virtue of a contract mutually entered into, and.in these words: Memorandum of an agreement between the North Carolina State Life Insurance Company of the one part, and Orren Williams, of…

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Civil Action, commenced before a justice of tlie peace and tried on appeal at Fall Term, 1883, of Edgecoiibe Superior Court, before Shepherd, J. The defendant was constituted and became an agent of the plaintiff company in the prosecution of its business of life insurance, under and by virtue of a contract mutually entered into, and.in these words: Memorandum of an agreement between the North Carolina State Life Insurance Company of the one part, and Orren Williams, of Edgecombe county, N. C., of the other part, witnesseth: That the said company has appointed the said Williams its agent at…

1Opinion of the Court

Smith, C. J.,

after stating the above. The only question presented is in reference to the construction of the contract of agency, and the rights of defendant thereunder.

The entire structure of the. agreement for the creation of the agency, while silent as to its duration, evidently contemplates a continued connection between the service to be rendered and the compensation provided therefor, and is terminable at the election of either party. It may be put an end to by the principal. Story on Agency, § 463 ; by the renunciation of the agent, § 478 ; by operation of law where an incapacity in…

2Cases cited1 opinion

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823

3Cited by16 opinions

  1. Security National Bank of Greensboro v. Educators Mutual Life InsuranceSupreme Court of North Carolina · 1965
  2. Abbott v. Hunt.Supreme Court of North Carolina · 1901
  3. Raleigh Real Estate & Trust Co. v. AdamsSupreme Court of North Carolina · 1907
  4. People Ex Rel. Palmer v. Peoria Life InsuranceIllinois Supreme Court · 1941
  5. King v. RaleighMissouri Court of Appeals · 1903

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