Allenberg v. Wainwright

Citations

• 62 Wash. 234
• 113 P. 585
• 1911 Wash. LEXIS 681

Syllabus

<p>Evidence — Pabol to Explain Writing — Contracts-—Construction — Ambiguity. Receipts for advances, given by general agents to an insurance solicitor, are not so clear and certain as to exclude oral evidence of the real intention of the parties as to the solicitor’s personal liability .thereon, where they provided that the sum with interest shall constitute a lien upon and be repaid from “commissions and percentage allowances accruing to me,” and that “any balance outstanding upon the termination of my contract arrangements shall thereupon become immediately due and payable by me in cash;” the solicitor having been arbitrarily discharged without cause assigned within one year, and the percentages accruing for twelve years if policies were kept up that long.</p> <p>Same. The same is also true of similar receipts, providing for repayment in cash of the sum received, with interest, on a date left blank, and that the “advance shall constitute a lien upon and be repaid” from the commissions and percentages, as in the other case.</p> <p>Insurance — Commissions—Advances to Agent — Liability for Repayment. Where such receipts were given with the understanding that the advances were to be repaid only out of commissions and percentages accruing to the solicitor, he cannot be held personally liable thereon, especially where he was arbitrarily discharged without’ cause assigned before the lapse of the time within which percentages might accrue.</p> <p>Same — Rights of Company — Bills and Notes — Bona Fide Holder. In such a case, where suit was brought by the general agents, and the insurance company intervened as the real party plaintiff, the company cannot claim to be a bona fide holder of the receipts for value, the intervention appearing to be based upon the theory that acceptance of the receipts by the general agents was the act of the company.</p>