Barnes v. Marshall
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Vivian H. Marshall against Jesse W. Barnes. Judgment for plaintiff, and defendant appeals. The plaintiff was general agent for a life insurance company, and employed the defendant as his agent to solicit the application for insurance policies.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Assumpsit by Vivian H. Marshall against Jesse W. Barnes. Judgment for plaintiff, and defendant appeals. The plaintiff was general agent for a life insurance company, and employed the defendant as his agent to solicit the application for insurance policies. The contract was in writing, and the provisions pertinent to-this appeal are as follows: The first party does hereby appoint the second party his agent for the purpose of procuring insurance applications for the State Mutual Life Insurance Company, Rome, Ga., and to…
1Opinion of the Court
SOMERVILLE, J.(1) Under the terms of the written contract between plaintiff and defendant, and in harmony with their mutual conduct thereunder, it is clear that defendant was originally bound to collect the. first premiums on all policies sold by him in cash, •and remit to plaintiff his portion thereof, or else, if defendant accepted notes in lieu of cash, he was bound to himself settle with plaintiff by cash payments with *98reasonable promptness. Tbe result, of course, is that, so far as plaintiff’s claims are concerned, defendant became indebted to plaintiff, as for money bad and received to…
2Cases cited3 opinions
- Stafford v. SibleySupreme Court of Alabama · 1894
- Nelms v. HillSupreme Court of Alabama · 1888
- Walker v. McCoySupreme Court of Alabama · 1859
3Cited by10 opinions
- Finney v. NewsonSupreme Court of Alabama · 1919
- Cofield v. McGraw & GarnerAlabama Court of Appeals · 1918
- American Life Ins. Co. v. Aladdin Temple Ben. Ass'nSupreme Court of Alabama · 1939
- Fagan Peel Co. v. Harrison Co.Alabama Court of Appeals · 1918
- Stout v. ThornhillAlabama Court of Appeals · 1918
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