Rogers v. Metropolitan Life Insurance

By the Court.

The petition in the court below undertook to state a cause of action against the defendant on an insurance policy in the sum of $228, with interest from November 1,1915.

The defendant moved in the alternative to strike the petition from the files, on the ground that it was “frivolous and a sham, and on its face shows that it is insufficient, and that plaintiff has no cause of action,” or to strike out parts of the petition.

Defendant relied on the following cases, White v. Calhoun, 83 Ohio St., 401, and Blaney v. B. & O. Rd. Co., 7 Ohio App., 322. These cases do not support his…