Stevens v. Metropolitan Life
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 3d day of June, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Broome, and also from two orders entered respectively in said clerk’s office on- the 21st and 24tli days of September, 1896, denying the…
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Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 3d day of June, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Broome, and also from two orders entered respectively in said clerk’s office on- the 21st and 24tli days of September, 1896, denying the defendant’s motion for- a; new trial made upon a case containing exceptions.
1Opinion of the Court
Merwin, J. :
On the 28th of July, 1894, the plaintiff, under a written contract, entered into the employ of the defendant as an agent to canvass for insurance and collect premiums. The contract provided for compensation to the agent in two forms, one known as ordinary salary and the other as special salary,' which depended on the excess of new *17business obtained by and credited to him over policies lapsed and charged against him, either during the continuance of the agency or within six weeks after its termination. The plaintiff remained in the employ of the defendant until April 17, 1895, when…
2Cases cited3 opinions
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Metropolitan Life Insurance v. LongAppellate Court of Illinois · 1896
- Owiter v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1893