Heyn v. . New York Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1907, in favor of defendant upon the submission of a controversy under section 3279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1907, in favor of defendant upon the submission of a controversy under section 3279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. The express language of section 21 of the contract entitles plaintiff, on writing the prescribed amount of insurance, to renewal commissions for the period specified, without reference to the continuance of his employment. (Gillet v. Bank of America, 160 N. Y. 549, 555;…
1Opinion of the CourtHaight, J.
On the 15th day of September, 1896, the defendant, the Hew York Life Insurance Company, as party of the first part, entered into a written agreement with the plaintiff, Otto P. Heyn, by which he was appointed an agent of the company to solicit insurance for an indefinite term, upon a compensation to be paid in commissions. The agreement contains numerous provisions by which he is prohibited from varying the terms and conditions specified by the defendant in making contracts for insurance; and then by the twentieth clause of the agreement provides as follows: “It is agreed that said party of…
2Cases cited4 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Weisser v. MaitlandThe Superior Court of New York City · 1849
3Cited by23 opinions
- Cale Development Co. v. Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1983
- Retsloff v. SmithCalifornia Court of Appeal · 1926
- Aldrich v. . New York Life Ins. Co.New York Court of Appeals · 1923
- County of Wyoming, NY v. Erie Lackawanna Ry. Co.District Court, W.D. New York · 1973
- Locher v. New York Life InsuranceMissouri Court of Appeals · 1919
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