Clarke E. Davenport v. Mutual Benefit Health & Accident Association and Continental Casualty Company

BARNES, Circuit Judge.

This is an appeal from a judgment dismissing the action below for lack of jurisdiction. An appeal lies here (28 U.S. C.A. § 1291). The action below relies for jurisdiction upon diversity (28 U.S. C.A. § 1332). Defendant’s answer claims the amount in controversy does not exceed $10,000. Plaintiff urges it does.

Plaintiff set forth an action at law for deceit against the two defendant insurance companies, alleging they had defrauded him out of the benefits under his sickness and accident policies by representing to him that his condition was neither sickness nor accident…