126 Iowa 374 | Iowa | 1905
That the appellant had notice of the amount paid by the plaintiff to Long cannot be well questioned. In fact, it appears that it received a part of the excess fee paid. By the terms of its contract with Long, he was to receive 60 per cent, of the contingent fees collected, as his commission, the balance of which went to the appellant. Had he collected only the legitimate fee of $6, the appellant would have received less than $3 as its share thereof, whereas it in fact received $6. Long, as its agent, had authority to take the application and deliver the policy, and, to collect the contingent fee authorized by its charter and by-laws. In charging and collecting a contingent fee of $12, he was acting within the apparent scope
The judgment is therefore affirmed.