First Nat. Bank v. Lafayette Nat. Bank

ABRUZZO, District Judge.

This is a motion by the defendant to dismiss the complaint on the ground of lack of jurisdiction of the person of defendant and plaintiff; over the subject matter; and because the amount in controversy is less than the jurisdictional amount of $3,000, exclusive of interest and costs.

The defendant is a national banking association and the plaintiff is trustee for the owner of a $2,000 mortgage certificate of which mortgage the defendant is the trustee.

This is an action, quasi in rem, wherein the plaintiff, individually, and on behalf of all other certificate holders…