Hercules Mutual Life Assurance Society of the United States v. Brinker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a bond given by Joseph Fleischl as principal, and the defendants as sureties, conditioned for the faithful performance by Fleischl of his duties as agent of plaintiff, and to pay over all moneys belonging to it.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a bond given by Joseph Fleischl as principal, and the defendants as sureties, conditioned for the faithful performance by Fleischl of his duties as agent of plaintiff, and to pay over all moneys belonging to it. It appeared, and the referee found in substance, that on December, 15, 1869, plaintiff and Fleischl entered into a contract the body of which the following is a copy : “ This…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The judgment in this case was reversed, because in the opinion of a majority of the members of the court, the defendants were entitled to have allowed commissions on all renewal premiums received by the plaintiff or its assigns "upon policies procured to be issued" by Fleischl, less the expense of collection, not exceeding one per…
2Cited by22 opinions
- Ætna Life Insurance v. NexsenIndiana Supreme Court · 1881
- Aldrich v. . New York Life Ins. Co.New York Court of Appeals · 1923
- Locher v. New York Life InsuranceMissouri Court of Appeals · 1919
- Griffith v. Blackwater Boom & Lumber Co.West Virginia Supreme Court · 1904
- General American Life Ins. Co. v. RoachSupreme Court of Oklahoma · 1937
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