Union Cent. Life Ins. v. Sobelson

BYERS, District Judge.

Although not so denominated, this is considered to be a motion under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint for failure to state a claim upon which relief can be granted.

The action is by the insurer under a policy upon the life of Charles S. Sobelson, deceased, dated January 9, 1941, in the sum of $15,000. Sobelson died less than two years thereafter on March 26, 1942, and the defendant Sadie Sobelson was appointed administratrix; she is also the beneficiary named in the policy, which contains…