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ROSE v. UNITED AMERICAN INS. CO. OF PENNSYLVANIA

No. 5300.

32 F.2d 606 (1929)

ROSE et al. v. UNITED AMERICAN INS. CO. OF PENNSYLVANIA et al.

Circuit Court of Appeals, Fifth Circuit.

May 10, 1929.

Attorney(s) appearing for the Case

Paul W. Maloney, of New Orleans, La., for appellants.

Nicholas Callan, of New Orleans, La. (Monroe & Lemann and Nicholas Callan, all of New Orleans, La., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Plaintiff appeals from a judgment sustaining an exception of no cause of action and dismissing her suit. Her demand was made on an insurance policy, which upon its face was in favor of the Freed Realty Company, Inc., dated October 29, 1923. The petition admits there was no assignment indorsed upon the policy by the realty company nor was there any formal transfer made by the defendant. However, she makes the following allegations:

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