Miller v. Pine Bluff Hotel Co.

BECK, District Judge.

The defendant’s motion to dismiss this action for the reason that the plaintiff is not the real party in interest is predicated on the theory that the plaintiff’s agreement as he received $64,626.08 in settlement of the loss he had sustained while a guest at the defendant’s hotel was not provided for under his insurance contract with the St. Paul Fire and Marine Insurance Company, hence, under the substantive law of New York, where the insurance contract was made, within an exception to the “Loan Receipt Settlement” doctrine, seemingly recognized by some of the courts in…