Gray v. Hartford Accident & Indemnity Co.

PORTERIE, District Judge.

This case was previously considered, D. C., 31 F.Supp. 299, on several pleas, including motion to dismiss.

The bases of the second motion to dismiss, filed by third-party defendants, J. A. Robison and the Aetna Casualty and Surety Company, are two in number:

“1. That neither the original plaintiffs, nor the third-party plaintiff have set forth any legal claim against the third-party defendants.

“2. That for the payment of the consideration of $1,000.00, paid Mrs. Ollie Whitfield Robison, on November 18, 1938, and for the consideration of $250.00, paid to Mrs. Octa…