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Newcomb v. Commonwealth Life Insurance Co.

April 28, 1961

JACK B. NEWCOMB, PLAINTIFF-APPELLEE,
v.
COMMONWEALTH LIFE INSURANCE COMPANY, A KENTUCKY CORPORATION, DEFENDANT-APPELLANT.



Author: Schnackenberg

Before SCHNACKENBERG and KNOCH, Circuit Judges, and GRUBB, District Judge.

SCHNACKENBERG, Circuit Judge.

Commonwealth Life Insurance Company, a Kentucky corporation, defendant, appeals from a judgment entered against it in the district court for $603.52 and costs, in favor of Jack B. Newcomb, plaintiff, a citizen of Indiana, following a trial without a jury.

The briefs reveal no disagreement about the facts which we now state.

Plaintiff sued to recover renewal commissions on a contract dated May 20, 1958. He had been employed by defendant under a prior contract dated June 15, 1955.

Under date of May 20, 1958, defendant's representative delivered to plaintiff this document:

"To: Jack B. Newcomb

"From: B. E. Wilson, Director of Agencies

"Subject: Credit for Previous Service

"For the purpose of determining your right to commissions after termination as set forth in Section V*fn1 of your new contract, dated May 20, 1958, this new contract, for such purpose only, shall be deemed to have been in force since June 15, 1955.

"(B. E. Wilson)

"Director of Branch Office Agencies

"Dated at Louisville, Kentucky this 20th day of May, 1958.

Plaintiff voluntarily terminated the 1958 contract on May 15, 1959, less than three years from the time it was executed. He now asserts that under the terms of the 1958 contract, as amended by the memorandum of the same date, he is entitled to renewal commissions on premiums paid to defendant during the year following his termination of employment on all insurance, other than group, which he procured ...


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