Legal Opinion

Kansas Union Life Ins. v. Burman

Court of Appeals for the Eighth Circuit

Decided November 8, 1905No. 2,217PublishedCited by 28 opinions

In Error to the Circuit Court of the United States for the District of Kansas. The Kansas Mutual Life Insurance Company was a mutual life insurance company organized under the laws of the state of Kansas. On the 14th day of April, 1898, it entered into a contract with the defendant in error, Frank Burman, appointing him state manager for the state of Nebraska.

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In Error to the Circuit Court of the United States for the District of Kansas. The Kansas Mutual Life Insurance Company was a mutual life insurance company organized under the laws of the state of Kansas. On the 14th day of April, 1898, it entered into a contract with the defendant in error, Frank Burman, appointing him state manager for the state of Nebraska. His compensation consisted of certain commissions on the first five years’ premiums on policies obtained by him, varying from 50 to 70 per cent, and renewal commissions on premiums paid subsequent to the first year’s premium of 7% per…

1Opinion of the CourtPhilips, District Judge

This action is predicated of two written contracts of January 30, and 31, 1903. We are unable to perceive what advantage can be claimed by the defendant in error in having it conceded that the two contracts of January 30th and 31st “were made, executed and delivered at the same time and as part of one transaction.” If they are to be treated as interdependent, so as to be an inseparable legal unit, the action should fail when no recovery was or could be had for a breach of the salary contract. Indeed, if,' as his counsel insists, the inducement for the guaranty of the contract between the…

2Cases cited14 opinions

  1. Davis v. WakeleeSupreme Court of the United States · 1895
  2. Railway Co. v. McCarthySupreme Court of the United States · 1878
  3. People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
  4. Ballou v. SherwoodNebraska Supreme Court · 1891
  5. Frenzer v. DufreneNebraska Supreme Court · 1899

9 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Moore v. Security Trust & Life Ins.Court of Appeals for the Eighth Circuit · 1909
  2. City and County of Denver v. Denver Tramway CorporationCourt of Appeals for the Eighth Circuit · 1927
  3. Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
  4. People Ex Rel. Palmer v. Peoria Life InsuranceIllinois Supreme Court · 1941
  5. South Memphis Land Co. v. McLean Hardwood Lumber Co.Court of Appeals for the Sixth Circuit · 1910

23 more not listed; retrieve them via the Exa API.

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