Birdsall-Friedman Co. v. Globe & Rutgers Insurance

Opinion by

Me. Justice Baenes,

The parties to this action are engaged in the insurance business. The plaintiff, until the fall of 1932, was the resident agent in this state of the defendant, which is an insurance company of the State of New York, authorized to transact business in Pennsylvania.

The plaintiff brought this action in equity for an accounting to ascertain and recover commissions alleged to be due from defendant. It concedes that the terms of its agency contract with defendant do not confer upon it a right to the commissions claimed, but contends that a recognized trade custom,…