Seay v. Sentinel Life Insurance, 208 N.C. 832 (1935)

May 22, 1935 · Supreme Court of North Carolina

208 N.C. 832

R. FRANK SEAY v. SENTINEL LIFE INSURANCE COMPANY.

(Filed 22 May, 1935.)

Appeal and Error J d—

Where the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Appeal by defendant from McHlroy, J., at February Term, 1935, of Guilpokd.

Civil action to recover agent’s commissions on insurance premium renewals, “paid to and accepted by tbe (defendant) company, while tbis (agency) contract is in force . . . limit 9 years.”

Tbe defendant sought to terminate its agency contract witb tbe plaintiff, prior to tbe expiration of tbe ninth renewal of some of tbe policies written by plaintiff. Tbis suit is to recover commissions on such renewals up to tbe 9th on each policy.

Judgment of nonsuit was entered in tbe municipal court of tbe city of High Point, which was reversed on appeal to tbe Superior Court of Guilford County.

From the ruling of the Superior Court the defendant appeals, assigning errors.

J ones & Fisher for plaintiff.

Roberson, Haworth & Reese for defendant.

Pee. CueiaM.

The Court being evenly divided in opinion, Glarlcson, J., not sitting, the judgment of the Superior Court is affirmed and stands, according to the uniform practice of appellate courts, as the decision in this case, without becoming a precedent. Com. Co. v. Mfg. Co., 201 N. C., 823, 159 S. E., 411; Raynor v. Ins. Co., 193 N. C., 385, 137 S. E., 137; Jenkins v. Lbr. Co., 187 N. C., 864, 123 S. E., 82; Miller v. Bank, 176 N. C., 152, 96 S. E., 977; Durham v. R. R., 113 N. C., 240, 18 S. E., 208.

Affirmed.