Fudickar v. . Guardian Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of New York, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Reported below, 5 J. & S., 358.) This was an action to set aside an award. The plaintiff, prior to April, 1869, had been in the employ of defendant as superintendent of agencies in certain States.
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Appeal from judgment of the Superior Court of the city of New York, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Reported below, 5 J. & S., 358.) This was an action to set aside an award. The plaintiff, prior to April, 1869, had been in the employ of defendant as superintendent of agencies in certain States. On the 1st of April, 1869, a new contract was entered into between the parties, giving plaintiff sole charge of defendant's agencies in certain States, by which plaintiff agreed to “ devote his time and attention, in a faithful manner,…
1Opinion of the CourtAndrews, J.
Prior to the submission to arbitration of the controversy between the parties, the defendant had dismissed the plaintiff from his agency, and assumed to treat the contract of April 1, 1869, and all rights of the plaintiff thereunder, as terminated and forfeited by his misconduct. The company thereupon assumed control of the business and agencies established by the plaintiff, and not only prevented him from securing new business, but denied and refused to recognize his right to commissions on renewal premiums which might thereafter be paid on policies then in force, issued upon applications…
2Cases cited7 opinions
- Kleine v. CataraU.S. Circuit Court for the District of Massachusetts · 1814
- Perkins v. . GilesNew York Court of Appeals · 1872
- Winship v. JewettNew York Court of Chancery · 1845
- Mitchell v. BushNew York Supreme Court · 1827
- Emmet v. HoytNew York Supreme Court · 1837
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3Cited by93 opinions
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- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- In re Arbitration between Exercycle Corp. & MarattaNew York Court of Appeals · 1961
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