New York Life Ins. v. Greenfield

WALLER, Circuit Judge.

In view of the holding of this Court in the case of Travelers Insurance Co. v. Greenfield, 5 Cir., 154 F.2d 950, that the amount in controversy was the total of the monthly disability payments unpaid at the time of the filing of the suit, which in the present case was $1,250, the claim of the Plaintiff for a reasonable attorney’s fee could not, even if added to the small amount involved, total an amount in excess of $3,000. The Plaintiff claimed only a reasonable attorney’s fee without specifying any particular sum, and any amount in controversy in excess of $1,250,…