#### JAMES R. THOMAS, Administrator of LOREAIN SMITH v. GATE CITY INSURANCE COMPANY.

(Filed 25 November, 1942.)

Appeal by plaintiff from Pless, J., at March Term, 1942, of Gaston.

Affirmed.

Civil action to recover on life insurance policy.

The complaint alleges, in substance, that plaintiff is the administrator of Loreain Smith, deceased; that deceased was an unemancipated infant; that she procured the issuance by defendant of a policy of insurance on her life, naming a third party as beneficiary; that the premiums were paid out of her earnings, which, by reason of her infancy, belonged to her mother, Mrs. M. L. Thomas; and that the mother, by reason of the matters and things alleged, is entitled to the proceeds of said policy.

The defendant answered and thereafter the cause was called for trial. Thereupon, the defendant demurred ore ienus for that the complaint fails to state a cause of action. The demurrer was sustained and plaintiff appealed.

*755 J. L. Homme for plaintiff, appellant.

George B. Mason for defendant, appellee.

Per Curiam.

Tbe right of action, if any, alleged in tbe complaint accrues to tbe mother of deceased. Tbe plaintiff has no interest or estate therein. He is not tbe real party in interest and has no right to maintain tbe action. C. S., 446; Rental Co. v. Justice, 211 N. C., 54, 188 S. E., 609.

Furthermore, tbe appeal is dismissable for failure of tbe record to show tbe organization of tbe court below. Rule 19; Brown v. Johnson, 201 N. C., 807, 178 S. E., 570.

Affirmed.