Stone v. Central Surety & Ins.

GODDARD, District Judge.

This is a motion by plaintiff to remand the case to the state court on the ground that the Federal Court lacks jurisdiction as the amount in controversy is less than $3,-000 exclusive of interest and costs.

It is true that the complaint demands judgment against the defendant in the sum of “Five Thousand ($5,000.00) Dollars, with interest, together with the costs and disbursements of this action.” However, it appears from the complaint that the liability of the defendant Insurance Company is limited to $2,500 in addition to interest and costs.

The Judicial Code, Section…