Van Arsdale - Osborne Brokerage Co. v. Jones

Citations

• 97 Kan. 646
• 156 P. 719
• 1916 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Nonresident Defendant — No Fraud Shown in Procuring !Service. The record held not to show fraud in procuring service upon a nonresident defendant.</p> <p>2. Pleading — Amendment—Continuance Refused. The allowance of an amendment to the reply without granting a continuance held not to have been prejudicial.</p> <p>3. Trial — Case Taken from Jury — Not Material Error. The taking of a case from the jury held not to constitute material error, because, although a formal issue of fact was presented, the real matters in controversy turned wholly upon questions of law.</p> <p>4. Insurance — Solicitor’s Contract — Overdue Premium Notes — Commissions. Under a contract that where an insurance solicitor should accept a premium note he should be paid by his employer a cash commission, to be charged back to him if the note should remain unpaid for six months after maturity, no provision being made for his subsequently receiving credit for it under any circumstances, the right of the agent to the commission ceases when a note, without the fault of the employer, has remained unpaid and overdue for six months, and is not restored by a subsequent extension or collection.</p> <p>5. Same — Unpaid Premium Notes — Action to Recover Commissions Paid Thereon. In an action upon such a contract to recover from the agent commissions paid him on notes that remained unpaid for six months after maturity, it is not incumbent on the plaintiff to show that it had taken affirmative steps to enforce their collection.</p> <p>6. Trial — Evidence. Rulings concerning the admission and rejection of evidence held not to constitute prejudicial error.</p>