Ryder-Gougar Co. v. Garretson

Citations

• 53 Wash. 71
• 101 P. 498
• 1909 Wash. LEXIS 1273

Syllabus

<p>Insurance — Agents—Liability to Refund Commissions. Agents who receive a portion of an insurance commission upon a policy secured by them for other or principal agents, under an agreement or general custom to refund the same in case of cancellation of the policy, are liable to the principal agents for the portions received, after the principal agents have, on orders from the company, can-celled the policy and refunded the whole premium paid by the insured.</p> <p>Insurance — Agents-—Authority. An insurance broker is the agent of an insurance company where it appears that it represented the company with the knowledge of the company’s local agent, who was employed by the broker and who demanded refunds in the name of the broker.</p> <p>Pleading — Amendments at Trial — Surprise. Error cannot be assigned upon a trial amendment to the complaint where no claim of surprise or request for a continuance was made.</p> <p>Custom and Usages — Pleading—Necessity. A general custom need not be pleaded in order to admit evidence thereof in an action upon an obscure, contract dependent upon such custom.</p> <p>Actions — Parties Plaintiff — Contracts—Partnership. A contract of partnership between plaintiff and a third person is inadmissible to show a defect of parties plaintiff, or a necessity for filing the names of the partners under Laws 1907, p. 288, where the contract was dated after the plaintiff’s cause of action arose against the defendants.</p>