Legal Opinion

Frankel v. Michigan Mutual Life Insurance

Indiana Supreme Court

Decided February 5, 1902No. 19,360PublishedCited by 12 opinions

From Hendricks Circuit Court; T. J. Cofer, Judge. Jacob Frankel brought suit against the Michigan Mutual Life Insurance Company for renewal commissions alleged to be due under a contract. Thereafter the insurance company brought suit against Frankel for premiums collected by him as agent and’not accounted for. The causes were consolidated and the insurance company’s action pleaded as a set-off and counterclaim to Frankel’s action.

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From Hendricks Circuit Court; T. J. Cofer, Judge. Jacob Frankel brought suit against the Michigan Mutual Life Insurance Company for renewal commissions alleged to be due under a contract. Thereafter the insurance company brought suit against Frankel for premiums collected by him as agent and’not accounted for. The causes were consolidated and the insurance company’s action pleaded as a set-off and counterclaim to Frankel’s action. From a judgment for the insurance company on its set-off, Frankel appeals.

1Opinion of the CourtDowling, J.

In January, 1889, the appellant was employed by the appellee as its agent to manage its business in the State of Indiana. The contract of employment was in writing, and among its provisions were the following: The appellant was to procure applications for insurance; to collect when due, so far as practicable, when authorized so to do by the appellee, all premiums payable to the appellee; to remit all sums due to the appellee immediately upon collection; in case of his inability to collect premiums on policies and renewal receipts, appellant was to return the same to the appellee; and he was…

2Cases cited13 opinions

  1. Field v. BrownIndiana Supreme Court · 1896
  2. Grubbs v. MorrisIndiana Supreme Court · 1885
  3. Sidener v. DavisIndiana Supreme Court · 1879
  4. Anderson v. WilsonIndiana Supreme Court · 1885
  5. Crowder v. ReedIndiana Supreme Court · 1881

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

3Cited by12 opinions

  1. Union Mutual Life Insurance v. Murphy (In Re Murphy)United States Bankruptcy Court, E.D. Virginia · 1981
  2. Ohio Valley Buggy Co. v. Anderson Forging Co.Indiana Supreme Court · 1907
  3. Indianapolis Traction & Terminal Co. v. GillaspyIndiana Court of Appeals · 1914
  4. Michigan Mutual Life Insurance v. ColemanTennessee Supreme Court · 1906
  5. Nichols & Shepard Co. v. BerningIndiana Court of Appeals · 1906

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

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