Van Slyke v. Broadway Insurance

This is an action to recover from defendant (a corporation), upon three several causes.of action, sums of money aggregating $1,596.65. Plaintiff had judgment for a balance of $1,309.73. Defendant appeals, and the cause comes up on the judgment-roll, without any bill of exceptions.

The whole contention arises over plaintiff’s third cause of action. It appears that defendant, the Broadway Insurance Company, is a corporation organized under the laws of the state of New York, and engaged in the insurance business in California. Plaintiff was the general agent of defendant in the state of California.

It appears from the third cause of action, as set out in the complaint, that there were, from October 1,1893, to October 1, 1894, several written agreements between *645 plaintiff and defendant stating the terms of plaintiff’s agency, and providing for his compensation as such agent, and in each of which agreements defendant bound itself to pay to the plaintiff, in addition to other compensation for his services: “1. A contingent commission of five per cent; 2. To share the expenses of the general agent’s office in San Francisco pro rata with the Mutual Fire Insurance Company for clerks’…