CANAL INSURANCE COMPANY v. THORNTON

No. 18205.

279 F.2d 41 (1960)

CANAL INSURANCE COMPANY, Appellant, v. J. C. THORNTON and James S. Given, d/b/a Kemp Coldwell & Company, Appellees.

United States Court of Appeals Fifth Circuit.

May 31, 1960.


Attorney(s) appearing for the Case

Schuyler B. Marshall, El Paso, Tex., Scott, Hulse, Marshall & Feuille, El Paso, Tex., of counsel, for appellant.

Frank Owen, III, El Paso, Tex., for appellees.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment in favor of an insurance broker, found by the court to be the agent for the insurance company, for reimbursement from his principal for payments made to an insured which resulted in the insured's obtaining the benefit of the insurance protection at a rate lower than the legal rate in the State of Texas.

Appellees, under circumstances in which they acted for both the insured bus line and the insurance...

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