New York Supreme Court, 1894

Mullins v. Metropolitan Life Insurance

Mullins v. Metropolitan Life Insurance
New York Supreme Court · Decided May 14, 1894 · Pratt
28 N.Y.S. 959; 85 N.Y. Sup. Ct. 297; 60 N.Y. St. Rep. 240 (New York Supplement)

Counsel

Arnoux, Ritch & Woodford (Wm. H. Arnoux and John McG. Goodale, of counsel), for appellant., William Riley, for respondent.

Mullins v. Metropolitan Life Insurance

Opinion of the Court

PRATT, J.

The justice had evidence before him which justified Mm in finding that Skidmore was a managing agent of defendant, .and his decision is binding upon us. We think that the duties of *960Skidmore, as set forth in the manual of defendant, quoted in appellant’s points, are sufficient to sustain the finding. “As superinv tendent, you have general supervision of the business of your district.” An agent who has general supervision of a business is a managing agent. ■ The district in which the powers are exercised may be limited, but the powers are general. Bain v. Insurance Co., 9 How. Pr. 448; Palmer v. Pennsylvania Co., 35 Hun, 370; Rochester, H. & L. R. Co. v. New York, L. E. & W. R. Co., 48 Hun, 190; Barrett v. Telegraph Co. (Sup.) 10 N. Y. Supp. 138; Brayton v. Railroad Co. (Sup.) 25 N. Y. Supp. 264,—are in point, and sustain this conclusion. Judgment affirmed, with costs.

BROWN, P. J., concurs. DYKMAN, J., dissenting. See opinion in Stubing v. Insurance Co., infra

Case-law data current through December 31, 2025. Source: CourtListener bulk data.