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YARBROUGH v. PRUDENTIAL INS. CO. OF AMERICA

No. 8904.

100 F.2d 547 (1938)

YARBROUGH v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Fifth Circuit.

December 30, 1938.

Attorney(s) appearing for the Case

Rodney S. Cohen and William M. Lester, both of Augusta, Ga., for appellant.

C. Baxter Jones, of Macon, Ga., and Joseph B. Cumming, of Augusta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

The insurance agent is not directly interested in the result of the case so as to disqualify him as a witness at common law, but his situation affects his credibility. If he collected no premium as he says, he owes his Company nothing in this transaction. If he collected it he owes it, for he has not paid it over. His testimony also lacks one of the ordinary sanctions attending an oath, because if false he could not successfully be prosecuted for perjury...

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