SMALL v. NEW YORK LIFE INS. CO.

No. 1329.

18 F.Supp. 820 (1937)

SMALL v. NEW YORK LIFE INS. CO.

District Court, N. D. Alabama, S. D.

March 30, 1937.


Attorney(s) appearing for the Case

Pitts & Pitts, of Selma, Ala., for plaintiff.

Rushton, Crenshaw & Rushton, of Montgomery, Ala., for defendant.


McDUFFIE, District Judge.

The complaint sets up one and the same cause of action in four counts, claiming $500 as disability benefits under the insurance policy here involved, and two counts for one and the same cause of action claiming $453.70 premium paid under the policy after submission to the company of proof of the disability of the insured. The total amount of the sums claimed is $953.70.

The circuit court of Dallas county removed the case to this court...

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