Mutual Life Insurance Co. v. Marsh

Action by appellee for total disability under the provisions of a policy issued by appellant. Judgment in the court below, from which is this appeal.

1. The appellant, Mutual Life Insurance Company, is a foreign corporation with, its domicile in the State of New York, and the appellee is a citizen of this State. The amount sued for was $3,000 and attorney’s fee. It is the contention of the appellant that the prayer for attorney’s fee made the amount sued for more than $3,000, exclusive of interest and costs, within the meaning of the Federal statute, and on that theory, in apt time, filed its…