Zimmerman v. Mutual Life Insurance Co. of New York

LYNNE, Chief Judge.

This is an action for declaratory judgment commenced by a citizen of Alabama in the Circuit Court for the Tenth Judicial Circuit of Alabama, Bessemer Division, and removed to this court by defendant, a New York corporation. The court finds that a case or controversy exists between the parties, and that the amount in controversy, exclusive of interest and costs, exceeds the sum of $3,000.

The facts were stipulated and are found as and to be facts as so stipulated. The essential ones are these: In 1923 the defendant issued to Sterling B. Rags-dale (“the Insured”) its $10,000…