Legal Opinion
Nationwide Mutual Insurance v. Timon
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1959PublishedCited by 6 opinions
1Opinion of the Court
Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: The defendants were insurance agents employed by the plaintiffs on a commission basis. They applied by letter to the plaintiffs to be placed upon a career plan under which they would be permitted to draw weekly advances against commissions to be earned. In the letter, they agreed to repay upon request any excess of advances over commissions. Contemporaneously or subsequently, the defendants entered into formal general agent’s agreements, which specified the basis upon which…
2Cases cited5 opinions
- Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
- Mitchill v. LathNew York Court of Appeals · 1928
- Carter v. BradleeAppellate Division of the Supreme Court of the State of New York · 1935
- Kleinfeld v. Roburn Agencies, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Carter v. BradleeNew York Court of Appeals · 1936
3Cited by6 opinions
- Usachem, Inc. v. Howard A. Goldstein and Howard A. Goldstein D/B/A Goldseal AssociatesCourt of Appeals for the Second Circuit · 1975
- Cerciello v. Admiral Ins. BroKerage Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- In Re Robert L. Sherman, Bankrupt. Michael A. Wineburg, Trustee in Bankruptcy v. Knights of ColumbusCourt of Appeals for the Second Circuit · 1980
- Haggerty v. Burkey Mills, Inc.District Court, E.D. New York · 1962
- Centerbank Mortgage Co. v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1997
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