First Nat. Bank v. Travelers Ins.

REEVES, District Judge.

The defendant has filed its motion to dismiss upon the ground that the plaintiff is not entitled to recover the face amount of the policy of insurance in the sum of $7,500 with interest, damages, and attorneys’ fees.

It is the contention of the defendant that upon the face of the petition with attached exhibits the plaintiff could only "recover the sum of $2,865, and no more. The recovery of that amount is not in dispute and the plaintiff does not sue for it in this action.

*121The plaintiff seeks judgment upon the basis of a clause in the policy entitled “Non-Forfeitable…