Devereux v. Rochester German Insurance
Supreme Court of North Carolina
Civil action, ' tried before' Merrimon, Judge, at August Term, 1887, of Wake Superior Court. The plaintiff’s action is to recover from the defendant company the sum of $535.18, alleged to be due him as commissions on a premium paid by the Carolina Central Railroad Company on an insurance of its property by the defendant company, brought about by the plaintiff’s agency.
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Civil action, ' tried before' Merrimon, Judge, at August Term, 1887, of Wake Superior Court. The plaintiff’s action is to recover from the defendant company the sum of $535.18, alleged to be due him as commissions on a premium paid by the Carolina Central Railroad Company on an insurance of its property by the defendant company, brought about by the plaintiff’s agency. The facts as ascertained by a reference made in the progress of the cause were: The Carolina Central Railway Company paid to the defendant, the Rochester German Insurance Company, the sum of five thousand four hundred and…
1Opinion of the Court
SiiiTi-i, O. J.
The rescission of the policy, it is not controverted, was in the exercise of a right reserved therein, nor is it anywhere intimated that it was not done in good faith and from a due regard to the supposed interests of' the insurance company. The consequences of putting an end to the contract in this way are, that so much of the premium is retained as measures the period during which the contract remained in force, of which the insured has had the benefit, and this without abatement for commissions allowed soliciting agents or other charges incurred. The referee finds it to have…
2Cases cited1 opinion
- Board of Commissioners of MacOn County v. Board of Commissioners of Jackson CountySupreme Court of North Carolina · 1876
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