Stich v. Equitable Life Assurance Society of United States

This is a motion under rule 106 of the Buies of Civil Practice to dismiss the complaint upon the ground that the court has not jurisdiction of the subject matter of the action.

The movant contends that although the complaint reads in contract and breach thereof, it is in fact a demand for specific performance to compel defendant to make a policy loan.

The facts, insofar as they affect this motion, are agreed. Defendant issued a $10,000 policy on plaintiff’s life. The policy contract provides that while the policy is in force, after three years’ premiums have been paid, defendant, on the sole…