Rinn v. New York Life Ins.

EVANS, Circuit Judge.

The narrow and interesting question presented upon this appeal is the right of the administrator of an annuitant, who died a few years after the issuance of the annuity policy, to recover the balance of the premium not consumed in payments to annuitant during his life. The appeal is from orders sustaining appellee’s motion to dismiss certain counts in appellant’s separate action in chancery and at law. The action was begun in -the state court and removed to the Federal court.

The Facts. Appellee, on May 21, 1930, issued to appellant’s intestate an annuity policy in…