Peebles v. Prudential Ins.

HAMILTON, Circuit Judge.

This action was originally instituted in equity by appellant, Emmett C. Peebles, for an accounting under an agency contract between him and the appellee, The Prudential Insurance Company of America. During the course of the proceedings certain information furnished by appellee dispensed with the accounting issue, and the case was submitted to the late Judge Hough, who heard the evidence, but died before rendering a decision. The parties agreed to resubmit on the record to Judge Nevin who dismissed plaintiff’s petition.

Though the parties stipulated for the waiver of a…