48 S.E.2d 493 | Ga. Ct. App. | 1948
Where under a contract of employment an insurance company agreed to pay its agent commission on premiums paid to and accepted by it on policies secured and established by the agent; if, during the life of the contract, policies were established which the agent had secured under or during the life of a former agreement which the contract replaced, under the circumstances of this case, the agent was entitled to the renewal commissions on the second year's premiums when the first year's premiums were actually paid to and accepted by the company during the life of the contract notwithstanding the fact that the agent had accepted, with the approval of the company, personal promissory notes for the premiums during the life of the former agreement.
2. The insurance company contends that the plaintiff below is estopped to claim the commission sued for by his acceptance of the check for $14.30 refund, which had attached to it a warrant stating, "See Accounting Division's letter of 6/26/46," the contention being that the accounting division's letter showed that the plaintiff was not entitled to commissions under the last *292 contract. Assuming that the letter meant what the company contends, it was an interoffice letter, from one branch of the company to another and the plaintiff was not charged with knowledge of its contents. The statement on the warrant was for the benefit of the company's auditors and officials and placed the plaintiff under no duty to read the letter. He was justified in relying on the letter in which the refund check was enclosed, stating what the refund was for. The court did not err in excluding the accounting division letter.
The judgment of the Appellate Division of the Civil Court of Fulton County, affirming the judgment of the trial court, is affirmed.
Judgment affirmed. Sutton, C. J., and Parker, J., concur.