Pennsylvania Co. for Insurances on Lives & Granting Annuities v. Watt

LEE, Circuit Judge.

Appellant, a Pennsylvania corporation, filed suit in September of 1944 in the United States District Court for the Southern District of Florida against the appellee, a resident of Florida, praying for judgment in the sum of $3,561.71, with interest and costs. Upon motion of appellee a final judgment was entered dismissing the complaint for failure to state a claim upon which relief could be granted. This appeal followed.

Briefly summarized, the complaint alleged: On October 27, 1921, appellee, together with his now deceased wife, executed and delivered to the appellant a…