Metropolitan Life Ins. Co. v. Segaritis
Citation | 20 F. Supp. 739 |
Decision Date | 24 September 1937 |
Docket Number | No. 9751.,9751. |
Parties | METROPOLITAN LIFE INS. CO. v. SEGARITIS et al. |
Court | U.S. District Court — Western District of Pennsylvania |
Dechert, Smith & Clark, of Philadelphia, Pa., and Otto E. Farquhar, of Pottsville, Pa., for plaintiff.
Kilker & Kilker, of Girardville, Pa., for defendants.
Defendant Anna Segaritis, the administratrix of the insured, has moved to dismiss the bill for want of jurisdiction. Two reasons are assigned in support of her motion. The first is that the suit does not involve the value of $500, as required by the statute, the face amount of the policy being only $486. As to this it is sufficient to say that, while the face of the policy was only that amount, the plaintiff has admitted its liability to pay maturity dividends and accumulations in addition thereto. The total amount which it admits to be due and payable and which it has deposited in the registry of this court is $500.03. Since this is more than the amount stipulated in the statute, this court has jurisdiction so far as the amount in controversy is concerned.
The defendant Anna Segaritis further urges that the court has no jurisdiction, for the reason that there are not two adverse and bona fide claimants to the fund. Her argument is that the policy is payable by its terms to her as administratrix of the...
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