| Show t CANT WAIVE WAiVE RIGHTS 5 i 5 I Supreme Court G ii In inIn In Ill Case CaseI O se 4 I REED GETS OUTGROWTH OUTGROW OF OP POLICY FOR JOHN JOI BECK EC Risk Rk Was Canceled After ter Part a of Premium Had R Been Paid Pad and the te theS S Agent Aget Sued Sti u to His Corn Com Commissions Cm i missions Justice Barton Dissents ac From tie Opinion Opinion An A opinion was handed banded bade down yester yesterday yesterday yesterday day by the supreme lph me court cuIn in the case ce of W J Reed Re lr vs Union Central Life Insurance comply y of Cincinnati ap appellant appellant plat in which the te ju the lower court cut is affirmed The he opinion is written Miner Mine and concur concurred concurred concurred red in by Judge B Baskin kin Chief Justice Just ce Bartch Barth dissenting The Te case caE was wa tiled tried before Judge Cher Cherry Che ry r 1 last lat November The Te plaintiff was from Dec De 31 1896 to Sept 13 12 1898 an agent aget of the te defendant company and andon ad adon andon on Aug Au 2 1897 wrote an insurance pol policy pl icy for on the life lf of of John Beck Bek which was accepted by the insurance i rance company The premium for the first frs year was wa paid by oy Beck Beok Bek In three promissory notes The first frt note of 2000 was wa paid at maturity plaintiff receiving 1000 as commission n Before the th maturity of the second note a rival riva agent stepped in and by urging to the defendant company copany that it had accepted a bad risk risk prevailed upon the company to cancel its policy plc with wih Beck Bek As a sop to the plaintiff for fo his hi loss los In iii i commission 1651 he was tendered tende and ad accepted 00 from defendant and an was ws to t get 10 per pe cent extra etra commission on all business there thereafter thereafter after ate written by hint him The negotiations with wih Beck Bec for the te surrender surender of the policy were wee conducted by a third party a Mr 11 Waters and plaintiff was not a a party porty to the trans transaction transaction action aton further furer than tha p in being beng present while the negotiations were being beng pro proceeded pr proceeded ceede with ith The reasons given for the cancellation of the Beck policy were that the th insured was wa suffering from Brights and was also aIso insolvent Beck Bek was wa returned his notes and also received a consideration of 50 in cash ch for the surrender of his ls policy to the defendant company Plaintiff afterwards sued sue for the hal bal balance ba ance anc of ot his hi commission and ad the jury found for him him The trial trl court curt on the question of waiver by the plaintiff instructed the jury that if the plaintiff waived waved his right under the contract he could not recover Wave Waiver Is the intentional re relinquishment relinquishment of O a a known right If the te plaintiff was ignorant of the fact that under his contract with the defendant he was wa entitled to commissions on the balance of the first years premiums when the defendant purchased the te sur surrender surrender surrender render of Becks Bes policy then he could not be found foun to h ve waived or relin relinquished relinquished his right to his commission comon The fact fat that the plaintiff deemed the commission lost lot to him h did di not con constitute a waiver wave In summing up Judge Miner says All Al the th facts connected with the as assumed a assumed waiver or estoppel of o plaintiffs right to the commission under the con contract cn contract tract and ad the te purchase of the policy by bythe bythe the t defendant were w re sufficiently and ad properly submitted to the jury jur by bJ the given by b the court curt Under the circumstances of this Us case ce we find no rio reversible error err arising from the in instructions instructions of the the court curt to the jury jUr nor nordo nordo nordo do we find fd that the court ere In re refusing re refusing fusing to t give the instructions request requested ed by the defendant defendant The Te defendant voluntarily placed pla itself in a position whereby it had ld no power to collect col t the notes note and cannot canot now be heard to say that the maker r was insolvent when the mae notes were surrendered |
