Miller v. United States Casualty Co.
New Jersey Court of Chancery
Complainant’s bill alleges that in February, 1895, complainant and defendant entered into an agreement by which defendant obtained complainant’s services to secure business for defendant (an insurance company) from other companies, by which it was agreed that if no such business was secured, complainant should be paid $50 a week besides expenses, and that if business was procured, the compensation of complainant should be adjusted between complainant and defendant upon some…
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Complainant’s bill alleges that in February, 1895, complainant and defendant entered into an agreement by which defendant obtained complainant’s services to secure business for defendant (an insurance company) from other companies, by which it was agreed that if no such business was secured, complainant should be paid $50 a week besides expenses, and that if business was procured, the compensation of complainant should be adjusted between complainant and defendant upon some basis proportionate to the value of the work. Complainant’s bill alleges that he undertook the work, and through his…
1Opinion of the Court
Emery, V. C.
(after statement of issues).
Complainant’s right of action, as disclosed by the bill and proofs, is a purely.legal right, and in a court of law depends for its establishment upon complainant’s proving three things—first, defendant’s contract to compensate him, according to the value of his work, if he secured business for defendant; second, that he secured or assisted in securing the business of the Kentucky company, and Hik’d, that this business was valuable to the defendant. Sufficient proof- of all of these three facts would be necessarjr to maintain his case at law. Defendant’s…
2Cases cited4 opinions
- Dows v. McMichaelNew York Court of Chancery · 1836
- Givernaud v. VarielNew Jersey Court of Chancery · 1916
- Chew v. EaganNew Jersey Court of Chancery · 1916
- Sperry v. MillerNew York Court of Chancery · 1848
3Cited by4 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- Peyton v. WerhaneSupreme Court of Connecticut · 1940
- Garden City Sand Co. v. PeopleAppellate Court of Illinois · 1905
- Hague v. WarrenNew Jersey Court of Chancery · 1945