Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-12-23
Cumberland County.

John NJ Gooding VS. Northwestern Mu-
tual Life Insurance Co ReScript, Bird, j..
An action of assumpsit to recover COM
missions. The plaintiff brought this ae-
ton to recover commissions on the re-
newal premiums collected by the com
pany from policy holders obtained for
the company by the plaintiff While in the
employ of the company as general or
sub-agent. The claim is only for COM
missions on renewal premiums collected
after the expiration of two years from
the date of the last service OF the PLAIN :
tiff to the company, he having been paid
such commissions on renewals up to the
end of that two years. In his declara-
ton are two counts: In the nrst, ne
claims the commissions as due under a
contract to pay them. In the second, ne
claims them as money collected by the
defendant company of its policy-holders
which il ought in equity and good con-
science to pay over to him The COM
pany claims that all the services of the
plaintiff were rendered under express
contracts, by the terms of when the
payment of commissions on renewal pre-
miums was to cease at the end of two
years after the expiration OF the con-
tract, if not renewed and that 1t mas col
lected no money he should receive.
Where the terms of contract are cledi
and unamhiguous. evidence of acts OF
the parties claimed to be in interpreta-
ton of the contract cannot be permitted
to vary such terms.
Nor can custom be taken into account
where the contract is express, clear and
unambiguouS.
In the absence OF express stipulation to
the contrary, the agent of life insur-
ance company is not entitled to commls-
sions on renewal premiums paid to the
company after the termination of the
agency.
The defendant company is mutual
life insurance company located in WIS
consin ard doing q large business all
over the United States and Canada II
tla<es and did tiX the rates. the amount oil
the initial and annual renewal premiums
at such sums as it deemed necessary &C
provide for the payment of policies as
they might become payable, Tor the sat
aries of officers and compensation te
agents. for Office and other expenses, ano
in addition a surplus fund for Investment
as security for rolicvholders. In pro
viding for compensation TO agents, the
tate, or amount o. frnnlufn, was hAeo
on the assum iioa tbat csmr1issions OF
annual renewal premiums would be paio
the agent as larg rs the ilcN remained
in force. n, o-seVcr the fsSment OF
these commissions Hpon any policy
ceased befo'e the maturity or eaipiratloi
of the policy, the premium nn1n ina,
policy was rot reapeei nlo t'nto, but
continued to be collected in full. and the
saving was Ct rlled to the gene nj surplus
or distributed with other savings in the
form of dividends 10 al tie folicyholders
of that class.
Held: That the Continued payment OF
the fixed premium by a policyholder does
not warrant the recovery by the agent
upon a count for money had and re-
ceived, of a commission on such renewal
premiums collected after he ceased to b.
agent, in the absence of any contract oi
the company with the agent for the pay
ment of such commissions.
Judgment for defendant with costs oi
reference taxed at 5000 cost of court tc
be taxed by the clerk.