Kennesaw Life & Accident Insurance v. Hendricks

Felton, Chief Judge.

The question raised by the appeal is whether a principal who advances money to his agent, offsetting such advances against the agent’s commissions on the sales of insurance policies, can recover from the agent any excess of advances over the commissions earned, in the absence of any provision in the contract of employment for such advances or any express or implied agreement, or promise to repay such excess.

“Where a principal advances money to his agent on a drawing account against his commission to be earned as a salesman for selling merchandise, and his commission does…