Orr v. Fireman's Fund Ins.

SWAN,a Circuit Judge.

The defendant insurance company is a California corporation for which' the firm of F. Herrmann & Co. acted as managers within a specified territory from July 1,1910, to April 10, 1917, under a written contract which provided that the managers should receive a 10 per cent, commission upon the profits of the business. The plaintiff sues as a surviving partner to recover the firm’s share of some $125,000 which the insurance company recovered in 1928 and 1929 under an award made by the Mixed Claims Commission on account of marine insurance losses, which were suffered by…