Union Mut. Life Ins. v. Kellogg
U.S. Circuit Court for the District of Eastern Pennsylvania
Bill in equity, filed in March, 1877, by the Union Mutual Life Insurance Company against the defendant, its general agent for the states of Pennsylvania and Maryland, averring that, by the terms of a written contract annexed to the bill, the company had a right to discharge the defendant upon thirty days’ notice, which right it had duly exercised; that the defendant had received,' as the company’s agent, large sums of money for premiums, of which there remained a balance due…
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Bill in equity, filed in March, 1877, by the Union Mutual Life Insurance Company against the defendant, its general agent for the states of Pennsylvania and Maryland, averring that, by the terms of a written contract annexed to the bill, the company had a right to discharge the defendant upon thirty days’ notice, which right it had duly exercised; that the defendant had received,' as the company’s agent, large sums of money for premiums, of which there remained a balance due to the company, after all deductions to which the defendant was entitled, of over $15.000 The Dill also averred that…
1Opinion of the Court
CADWALADER. District Judge.
I have no doubt that the order will meet the real justice of this case. I should have been satisfied with an order either way, either allowing or refusing the application; but, upon the general reasons of the administration of justice. I should have been better satisfied, though I do not intend to dissent from the order made, with suspending this order until the final hearing. The precedent will be a dangerous and an embarrassing one. Still it does meet the justice of the ease, and as the application was finally put entirely upon the pleadings, upon the bill aud…
2Cited by1 opinion
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