Rummel v. New York Life Ins.

YANKWICH, District Judge.

The defendant has moved to dismiss the amended complaint, to strike from it and for a more definite statement.

I am of the view that the first cause of action in the amended complaint states a claim upon which relief may be granted. Rules 8(a) and 9(b), Federal Rules of Civil Procedure 28 U.S.C.A. following section 723c.

The undue influence and overreaching of the decedent, an infirm and mentally weak old man, by the agent of the defendant, in selling an annuity contract, is averred with sufficient particularity.

That the agent may have been acting for the decedent as…