Burmon & Bolonsky, Inc. v. Luckenbach S. S. Co.

MORTON, District Judge.

Assuming the facts to be as stated at the argument and in the plaintiff’s letter of March 15, 1930, at the time when the action was entered in the state court, the plaintiff’s claim, exclusive of interest and costs, was $2,445. This amount appears to have been definitely ascertained before that time, and was the amount actually in controversy when the action was brought. It was not stated in the declaration. The ad damnum was $5,-000, and was brought into the declaration as the sum claimed. Under the Massachusetts practice, however, the ad damnum is hardly more than a…