McDonald v. New World Life Insurance

Citations

• 76 Wash. 488
• 136 P. 702
• 1913 Wash. LEXIS 1845

Syllabus

<p>Principal and Agent — Authority or Agent — Evidence. In an action against an insurance company and its selling agent, to recover commissions earned by plaintiff on the sale of stock, printed matter outlining its plan of operations and commending it as an investment feature is not admissible, as against the company, upon an issue as to whether plaintiff was employed by the company or by the selling agent, in the absence of any proof that the company had issued or authorized the publications; and a hearsay statement that it was issued by the company, and the fact that it was mailed from S. where both the selling agent and the company were located, is not sufficient proof of the company’s connection therewith.</p> <p>Principal and Agent — Liability or Principal to Third Persons —Election to Hold Agent. In an action against a principal and its selling agent, to recover commissions earned by plaintiff on the sale of stock, a prior election by plaintiff, with full knowledge of the facts, to hold the agent precludes any recovery against the company.</p>