New York Court of Appeals

The North-Western Mutual Life Insurance Company, Respondent v. Francis B. Mooney, Appellants

January 17, 1888108 N.Y. 118

Summary

The New York Court of Appeals reversed the lower court, holding that the contract's advance of funds to the agent was not a loan creating personal liability, and that the agent was entitled to the additional fifteen percent commission on new policies placed and reported by his sub‑agents during the first year. Accordingly, the plaintiff could not recover the advanced sums, but could not disallow the commissions.