Legal Opinion

New York Life Insurance v. Hamlin

Wisconsin Supreme Court

Decided May 24, 1898PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Rock county: JohN R. BeNNEtt, Circuit Judge. One Rust was agent of plaintiff. He appointed Loomis Ms agent, under a written contract dated April 21, 1893, to canvass for applications for insurance in the plaintiff company. On May 15th Loomis gave Rust a bond, signed by defendants Hambm and Oram as sureties, with certain conditions, mentioned in the opinion.

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Appeal from a judgment of the circuit court for Rock county: JohN R. BeNNEtt, Circuit Judge. One Rust was agent of plaintiff. He appointed Loomis Ms agent, under a written contract dated April 21, 1893, to canvass for applications for insurance in the plaintiff company. On May 15th Loomis gave Rust a bond, signed by defendants Hambm and Oram as sureties, with certain conditions, mentioned in the opinion. Plaintiff, at the request of Rust, advanced money to Loomis, at different times, to enable him to carry on his work. At different times, it is alleged, Loomis collected money on account of…

1Opinion of the CourtBardeen, J.

The evidence shows that, under the contract between Bust and plaintiff, the latter agreed to loan or advance to Bust such sums as he would be obliged to pay to his subagents in excess of the first year’s commissions. The advances made to Loomis by the company were made under this stipulation. The bond in suit contained several stipulations which are deemed material to this litigation. One was that Loomis should well and truly pay over all moneys that should come to his hands, “as also all moneys which he now owes or hereafter may owe said David H. Bust, or which he may be liable to said David…

2Cases cited8 opinions

  1. Putney v. FarnhamWisconsin Supreme Court · 1870
  2. Bassett v. HughesWisconsin Supreme Court · 1877
  3. Kollock v. ParcherWisconsin Supreme Court · 1881
  4. McDowell v. LaevWisconsin Supreme Court · 1874
  5. Kimball v. NoyesWisconsin Supreme Court · 1864

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Seeman v. BiemannWisconsin Supreme Court · 1900
  2. Grafton v. HinkleyWisconsin Supreme Court · 1901
  3. Daly v. OldUtah Supreme Court · 1909
  4. James Cobb v. Gary A. KingWisconsin Supreme Court · 2022
  5. Etscheid v. BakerWisconsin Supreme Court · 1901

1 more not listed; retrieve them via the Exa API.

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