VIGLAS v. NEW YORK LIFE INS. CO.

No. 3012.

78 F.2d 829 (1935)

VIGLAS v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, First Circuit.

July 13, 1935.


Attorney(s) appearing for the Case

Harris J. Booras, of Boston, Mass. (John A. Edgerly, of Boston, Mass., on the brief), for appellant.

F. H. Nash, of Boston, Mass. (John Barker, Jr., of Boston, Mass., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

This is an appeal from a judgment for the defendant which was entered after a demurrer to the plaintiff's declaration had been sustained by the District Judge. The question presented is whether the plaintiff's declaration in its final form stated a cause of action within the jurisdiction of the federal court. There was the necessary diversity of citizenship.

In count I of the declaration the plaintiff claimed $1,408, as the cash surrender...

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