Elwell v. State Mutual Life Assurance Co.
Massachusetts Supreme Judicial Court
Two actions of contract by a life insurance solicitor, the second action being against a general agent of the defendant in the first action, upon an alleged contract with the plaintiff as a subordinate agent. Writs dated December 28,1914, and July-7,1916, respectively. The actions were referred to an auditor and afterwards were heard together by Fox, J., upon the auditor’s report and under the agreement described in the opinion.
Read the full summary
Two actions of contract by a life insurance solicitor, the second action being against a general agent of the defendant in the first action, upon an alleged contract with the plaintiff as a subordinate agent. Writs dated December 28,1914, and July-7,1916, respectively. The actions were referred to an auditor and afterwards were heard together by Fox, J., upon the auditor’s report and under the agreement described in the opinion. The material findings of the auditor also are described in the opinion. The judge found for the plaintiff in the first action in the sum of $647.48 and interest from…
1Opinion of the CourtBraley, J.
By stipulation of the parties the auditor’s findings of fact have been accepted as final “except as it appears from the record itself that such findings are not supported by competent evidence.” But as the auditor’s rulings upon evidence do not appear to have been erroneous, we come to the merits of the controversy.
The plaintiff having moved for judgment on the report, in which all questions at issue have been decided in his favor, the defendants *250severally asked the presiding judge to rule as “matter of law that the plaintiff’s motion for judgment in accordance with the auditor’s report must…
2Cases cited14 opinions
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Quinn v. BurtonMassachusetts Supreme Judicial Court · 1907
- Somerby v. BuntinMassachusetts Supreme Judicial Court · 1875
- Byington v. SimpsonMassachusetts Supreme Judicial Court · 1883
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brown v. Little, Brown & Co.Massachusetts Supreme Judicial Court · 1929
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Kirkley v. F. H. Roberts Co.Massachusetts Supreme Judicial Court · 1929
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Lewis v. Minnesota Mutual Life InsuranceSupreme Court of Iowa · 1949
15 more not listed; retrieve them via the Exa API.