Smith v. Kleinschmidt
Montana Supreme Court
Appeal from District Court, Lewis & Clark County; R. Lee Word, Judge. Action by A. G. Smith against Beinhold H. Kleinschmidt. Judgment for plaintiff and defendant appeals. On the proposition that the transaction narrated by the plaintiff, both in his testimony in this ease and in his original complaint, constitutes rebating, the following cases are cited: Equitable Life Assur. Soc. v. Commonwealth, 121 Ky. 543, 89 S. W. 537; Citizens’ Life Ins.
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Appeal from District Court, Lewis & Clark County; R. Lee Word, Judge. Action by A. G. Smith against Beinhold H. Kleinschmidt. Judgment for plaintiff and defendant appeals. On the proposition that the transaction narrated by the plaintiff, both in his testimony in this ease and in his original complaint, constitutes rebating, the following cases are cited: Equitable Life Assur. Soc. v. Commonwealth, 121 Ky. 543, 89 S. W. 537; Citizens’ Life Ins. Co. v. Commissioner of Insurance, 128 Mich. 85, 87 N. W. 126; Metropolitan Life Ins. Co. v. People, 209 111. 42, 70 N. E. 643; McNaughton v. Des…
1Opinion of the CourtJustice Hurly
Plaintiff, in two counts, charges defendant with slander. In the first count it is alleged generally that the defendant said to one William Stuewe “that the plaintiff had been guilty of the crime of rebating, in that he (Smith), as an insurance agent, had given a rebate of two-thirds of the premium payable on a policy of insurance on the Granite Block in the city of Helena,” the complaint further alleging that rebating is expressly declared to be a crime under the provisions of Chapter 15 of the Session Laws of 1909, and that the defendant, intentionally and maliciously intending to injure…
2Cases cited4 opinions
- Heffron v. DalyMichigan Supreme Court · 1903
- State Life Insurance v. StrongMichigan Supreme Court · 1901
- Fourche River Lumber Co. v. Bryant Lumber Co.Supreme Court of the United States · 1913
- Equitable Life Assurance Society of U. S. v. CommonwealthCourt of Appeals of Kentucky · 1905