Legal Opinion

Metropolitan Life Insurance v. Schaefer

New York County Courts

Decided April 15, 1896Published

Appeal from municipal court of Syracuse. Action by the Metropolitan Life Insurance Company against Ambrose Schaefer and Jacob Gilcher to recover $34.05, alleged to be due on a bond given by defendant Schaefer, with, defendant Gilcher as surety, to secure the performance by defendant Schaefer of his duties as agent of plaintiff. Prom a judgment entered on the verdict in favor of defendants,, plaintiff appeals. Affirmed.

1Opinion of the CourtRoss, J.

The bond upon which this action is brought contains the following provisions:

“The total amount of weekly premiums in the life policy register, after deducting the total weekly premiums in the lapsed policy register, are to be *985debited to my account on. Monday of each and every week. This "amount shall be known as the ‘Collectible Debit,’ as the same is hereinafter made a basis of my compensation. This collectible debit shall be considered as hav- • ing been absolutely received by me for the company, and the company shall not be required to prove that I actually received the premiums, or any of…

2Cases cited6 opinions

Gardner v. . McEwenNew York Court of Appeals · 1859
Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
Wolf v. Goodhue Fire InsuranceNew York Supreme Court · 1864
Gates v. . BrowerNew York Court of Appeals · 1853
Liscomb v. AgateNew York Supreme Court · 1893

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