CONTRACTS-MEASURE OF DAMAGES-LIFE INSURANCE CONTRACT

When the plaintiff was expelled from defendant Brotherhood an insurance policy issued to the plaintiff by the defendant was canceled and the cash surrender value paid to him in accordance with the terms of his policy. The directors of the Brotherhood later decided that this expulsion had been wrongful, whereupon the plaintiff returned the cash surrender value of the policy and demanded the return of all premiums paid. When this demand was refused, the plaintiff sued to recover damages for wrongful cancellation of his policy. The trial court instructed the jury to return a verdict for the premiums paid with interest, accumulated dividends, and the value of any rights that he had under the policy which he lost because of its wrongful cancellation. On appeal the verdict was affirmed subject to the remission of excessive damages. Held, where it is not shown that the insured was unacceptable as a risk by another insurer, damages can not exceed the total premiums paid with interest and the accumulated dividends. McLaughlin v. Brotherhood of Railroad Trainmen, (S.C. 1950) 57 S.E. (2d) 411

PROPERTY-MECHANICS\u27 LIEN-VALIDITY AGAINST NON-CONTRACTING CO-OWNER

A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics\u27 lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics\u27 lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158

CORPORATIONS-LIABILITY OF TRANSFER AGENT FOR WRONGFUL REFUSAL TO TRANSFER SHARES

Plaintiff, stockholder in a mining company, sued a transfer agent of the company in conversion for its refusal to transfer plaintiff\u27s stock into block shares. The lower court found for plaintiff. On appeal, held, reversed. There is no direct liability of a transfer agent to the stockholder for wrongful nonfeasance in delaying or refusing to transfer stock. Mears v. Crocker First Nat. Bank of San Francisco, (Cal. App. 1950) 218 P. (2d) 91

CONTRACTS-MEASURE OF DAMAGES-LIFE INSURANCE CONTRACT

When the plaintiff was expelled from defendant Brotherhood an insurance policy issued to the plaintiff by the defendant was canceled and the cash surrender value paid to him in accordance with the terms of his policy. The directors of the Brotherhood later decided that this expulsion had been wrongful, whereupon the plaintiff returned the cash surrender value of the policy and demanded the return of all premiums paid. When this demand was refused, the plaintiff sued to recover damages for wrongful cancellation of his policy. The trial court instructed the jury to return a verdict for the premiums paid with interest, accumulated dividends, and the value of any rights that he had under the policy which he lost because of its wrongful cancellation. On appeal the verdict was affirmed subject to the remission of excessive damages. Held, where it is not shown that the insured was unacceptable as a risk by another insurer, damages can not exceed the total premiums paid with interest and the accumulated dividends. McLaughlin v. Brotherhood of Railroad Trainmen, (S.C. 1950) 57 S.E. (2d) 411

PROPERTY-MECHANICS\u27 LIEN-VALIDITY AGAINST NON-CONTRACTING CO-OWNER

A and B were tenants in common of a tract of land. Plaintiff contracted with A to build a house thereon, B not being a party. Plaintiff sued A and B to enforce a mechanics\u27 lien for money due on the contract, and was successful against both in the lower court. On appeal, held, reversed. Only A, who contracted to have the house built, was subject to a mechanics\u27 lien. Dente v. Bullis, (Md. 1950) 76 A. (2d) 158

CORPORATIONS-LIABILITY OF TRANSFER AGENT FOR WRONGFUL REFUSAL TO TRANSFER SHARES

Plaintiff, stockholder in a mining company, sued a transfer agent of the company in conversion for its refusal to transfer plaintiff\u27s stock into block shares. The lower court found for plaintiff. On appeal, held, reversed. There is no direct liability of a transfer agent to the stockholder for wrongful nonfeasance in delaying or refusing to transfer stock. Mears v. Crocker First Nat. Bank of San Francisco, (Cal. App. 1950) 218 P. (2d) 91