Taylor v. Standard Life & Accident Insurance
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. Tbe facts are stated in tbe opinion. There was a clear departure from tbe terms of tbe contract Tbe testimony offered to prove tbe alteration in tbe terms of tbe agreement should have been received. {Hills v._ Rue, 4 Pa. St., 348; Anderson v. Bellenger, 87 Ala., 334; Farnsworth v. Coots, 46 Mich., 117; Kimball v. Baker, 62 Wis., 529; Stull v. Hance, 62 111., 52; Phillips v. Singer Mfg.
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Error from the district court of Douglas county. Tried below before Davis, J. Tbe facts are stated in tbe opinion. There was a clear departure from tbe terms of tbe contract Tbe testimony offered to prove tbe alteration in tbe terms of tbe agreement should have been received. {Hills v._ Rue, 4 Pa. St., 348; Anderson v. Bellenger, 87 Ala., 334; Farnsworth v. Coots, 46 Mich., 117; Kimball v. Baker, 62 Wis., 529; Stull v. Hance, 62 111., 52; Phillips v. Singer Mfg. Co., 88 111., 305; Brandt, Suretyship, sec. 397, and cases cited.) References: Atchison & N. R. Co.'v. Washburn, 5 Neb., 123 ;■…
1Opinion of the Court
Ragan, C.
On the 23d day of September, 1890, one M. O. Nichols was a general or district agent of the Standard Life & Accident Insurance Company of Detroit, Michigan, hereinafter called, the “Insurance Company.” On that date he appointed one R. C. McClure his agent, for the purpose of canvassing for applications for insurance in the Insurance Company, issuing policies and tickets therefor, and attending to such other duties as might properly appertain to the agency in and for the city of Denver, Colorado. By the terms of McClure’s contract of employment, which was in writing, he agreed to keep…
2Cases cited2 opinions
- Amicable Mutual Life Insurance v. SedgwickMassachusetts Supreme Judicial Court · 1872
- Domestic Sewing Machine Co. v. WebsterSupreme Court of Iowa · 1877
3Cited by3 opinions
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- Hartford Fire Ins. v. CaseyMissouri Court of Appeals · 1917
- Territory of New Mexico v. MillsNew Mexico Supreme Court · 1911