Fuller v. Metropolitan Life Ins.
U.S. Circuit Court for the District of Southern New York
In Equity. Bill for a discovery and an accounting, brought by Harriet A. Fuller and Austin B. Fuller against the Metropolitan Life Insurance Company of the city of New York, and Joseph F. Knapp. Many of the leading facts appear in Fuller v. Knapp, 24 Fed. Rep. 100. See, also, 31 Fed. Rep. 696. The oomplainan ts seek to ascertain the amount due under certain stipulations of a policy of life insurance, which provide that the policy is issued upon the “reserve dividend plan.”
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In Equity. Bill for a discovery and an accounting, brought by Harriet A. Fuller and Austin B. Fuller against the Metropolitan Life Insurance Company of the city of New York, and Joseph F. Knapp. Many of the leading facts appear in Fuller v. Knapp, 24 Fed. Rep. 100. See, also, 31 Fed. Rep. 696. The oomplainan ts seek to ascertain the amount due under certain stipulations of a policy of life insurance, which provide that the policy is issued upon the “reserve dividend plan.” The defendants insist that the complainants confided to the board of directors of the insurance company an absolute…
1Opinion of the CourtCoxe, J.
The first proposition argued by the defendants is that the court has no jurisdiction, for the reason that the amount involved does not exceed $500. Act March 3,1875. The bill alleges that $1,231 is due the complainants from the reserve endowment fund. The defendants insist that this sum must be disregarded in fixing the jurisdictional amount, for the reason that they admit it to be due, and offer to pay it, in their answers, and therefore it is not in controversy. The soundness of this proposition may well be doubted. If it can be maintained, the defendant in a vast number of actions, both at…
2Cases cited2 opinions
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Pierce v. Equitable Life Assurance SocietyMassachusetts Supreme Judicial Court · 1887
3Cited by5 opinions
- Hayward v. Nordberg Mfg. Co.Court of Appeals for the Sixth Circuit · 1898
- Brown v. Equitable Life Assur. Soc.Court of Appeals for the Second Circuit · 1907
- Jellison v. Krell Piano Co.District Court, E.D. Kentucky · 1917
- In re Ewa Plantation Co.Hawaii Supreme Court · 1908
- Pratt v. Mutual Life InsuranceSupreme Court of Kansas · 1944