Byington v. Sherman
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. statement by the court. This is an action upon a bond executed by George W. Byington, an insurance agent, under the following circumstances: The plaintiffs, Byron Sherman, Gordon E. Sherman, Joseph E. Baker, and James E. Baker, doing business undei the firm name of Sherman, Son & Baker, were general agents of the Mutual Life Insurance Company of New York, with power to appoint agents for the purpose of soliciting…
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. statement by the court. This is an action upon a bond executed by George W. Byington, an insurance agent, under the following circumstances: The plaintiffs, Byron Sherman, Gordon E. Sherman, Joseph E. Baker, and James E. Baker, doing business undei the firm name of Sherman, Son & Baker, were general agents of the Mutual Life Insurance Company of New York, with power to appoint agents for the purpose of soliciting insurance and collecting moneys due upon policies of said company. As such general agents of said company, Sherman, Son &…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) It seems clear from the evidence that, so far as appellant Byington is concerned, the claim of appellées is just and fully established. But this is an action upon a bond executed by Byington for the faithful performance of his duties as agent, and the question arises whether appellants, Roberts and Wilkins, sureties upon such bond, are by its terms liable for money loaned to said Byington before his appointment as agent, and the failure to pay which money involves no violation of his duties as such agent.
This bond, the material portions of which have…
2Cases cited1 opinion
- Sanger v. BaumbergerWisconsin Supreme Court · 1881
3Cited by2 opinions
- Kenney v. BarrySupreme Court of New Hampshire · 1932
- Kaufman v. MarshallSupreme Court of Arkansas · 1908