Year: 1871

Causes Submitted without Oral Ar9tltnene.


WASHINGTON, Feb. p lsIl.sA


No. ia Henry Stagg Us. The Connecticut Mutual
LIE Insurance Conapang-Eyror 10 the Circuit Court
for the District or Nissouri.-ThIs was an action
brought by the defendant In error to recover some
twelve hundred dollars of the insurance company
for rendered as Its agent In the city Of ST.
Louis in tho conduct OF its business at that place
The agency was authorized in October 184S, by a
letter OF attorney which provided that he was to re-
celye for his services commission OF ten per cent
ON first premiums ana five per cent on all re.
neWals secured on policies taken through
his agency. lie claims TO have continued his SER
vices until June, 1901, when. without fault OF his,
company secured through him at the time amouat-
lns TO over $4,000. On this sum the five per cent
was 10 recover an mstalment then due. me de-
iendant pleaded That the contract was ''durng the
pleasure Of the company" and that this language
meant That wne the palntin was the agent o. the
company, and no longer, VAS he entitled to
the five per cent commissions The PLAIN
10 show a usage OF custom TO the effect
that agents OF insurance companies received
this commission on renewal policies SO long as the
policies were renewed and not merely while the
agencies were continued by the companies. The
usage: and that the words "dnrng the pleasure OF
the company gave The company The right to dis
continue the agency al Its pleasure, ana that after
the agency was discontinued no commissions were
recoverable. 1t was also held that by circular





contract was made more certain by the use OF the
words $50 long as You continue the agent OF the
company" The question OF lne continuance OF the
commission after the agency ceased Is the main one
In the case and on this point the plaintif in error
Insists that the evidence offered 10 show the usage
should have tccn admitted and that there Is nothing
in the conracs conflicting with this usage, to witt
That agents OF Insurance companies are to have the
stipulated percentage on renewal premiums on poll
cie6 secured by them, so long such premiums are
paid, whether the agents continue II the employ OF
the companies or not. The company contend that
the letter OF attorney and the subsequent circular
both show that the plantif was entitled to demand
commissions only as long as he remained the agent
OF the company.


No. leA. Franklin Pdrmelee ana Daptd A. Goge
rs Da,stel La,rrence-ErrOr to ths Supreme Court az
Mtnois.-This suit is brought here on the allegation
that the State court upheld local statute which
was brought IN question, though 1t was repugnant
TO the federal constitution as lmpalring the Obl
CATION OF contracts. The case was ths:-The p!aic-
m in error agreed to pay Twelve per cent interest at
penalty Of forfeiture for usury The Legislature OF
the State repealed these foreitures and raised the
legal rate OF interest to ten per cent The question
is whether the repeal OF these penalties and tine SUBJ
sttutOn OF ten per cent In the place Of six per cent
as the legal rate OF interest was such legislation as
impaired the obligations OF the contract The DEFEND
ants here maintain that the law SIMPLY enabled the
lender TO recover the percentage stipulated and could
not be considered as In any sense impairin9 con.
tract. II simply substituted new one The plain
tits insist that the law imposes upon them addi-
tional obligation for violation OF the law existing
at the time the contract was made, and that It is
therefore er post dcto The statute is for this rea-
son In violation OF the federal constitution and 1t In
every sense changes and impairs the obligations OF
the contract entered INTO between the parties,