Manning

The action is one to recover proceeds of life insurance policies in the sum of $5,000.

The second amended complaint sets forth two causes of action. In the first it is alleged that the plaintiff was the father of Marion Thomas Lo Prestí, who died on May 22, 1930, leaving a widow, the defendant Margaret M. Lo Prestí; that the defendant, Catherine C. Manning, is the mother of said Margaret M. Lo Prestí; that on the twenty-sixth day of May, 1930, said defendants received the sum of $5,000 from the Equitable Life Assurance Society of the United States, for the use and benefit of plaintiff, who has made demand for the payment of the same to himself, such demand being refused.

The second cause of action repeats the allegations of the first and then alleges in substance that the deceased entered the employ of the Howard Automobile Company, a corporation, in November, 1923, and thereupon became insured as an employee of said corporation under a form of group insurance; that appellant was named as the beneficiary in the policies or certificates of assurance, and it was agreed between decedent, his employer, and the Equitable Life Assurance Society, that said beneficiary, upon the death…