Legal Opinion
Corcoran v. Royal Development Co.
District Court, E.D. New York
Decided October 4, 1940No. Civ. No. 1434PublishedCited by 3 opinions
1Opinion of the Court
MOSCOWITZ, District Judge.
Defendant seeks a dismissal of the complaint upon the ground that the amount actually in controversy does not exceed $3,-000, and is in fact $1,400, and for that reason the Court lacks jurisdiction of the subject matter. Such a motion may be made at any time and certainly before the answer to the complaint is served as is provided in Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
Diversity of citizenship is present. The plaintiff in his complaint seeks a declaratory judgment in his behalf and all other creditors of the defendant.…
2Cases cited10 opinions
- Packard v. BantonSupreme Court of the United States · 1924
- Lion Bonding & Surety Co. v. KaratzSupreme Court of the United States · 1923
- Glenwood Light & Water Co. v. Mutual Light, Heat & Power Co.Supreme Court of the United States · 1915
- Utah Fuel Co. v. National Bituminous Coal Comm'nSupreme Court of the United States · 1939
- Southern Pac. Co. v. McAdooCourt of Appeals for the Ninth Circuit · 1936
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Claudia Walker v. Bank of America National Trust & Savings Association, and Transamerica CorporationCourt of Appeals for the Ninth Circuit · 1959
- Corcoran v. Royal Development Co.Court of Appeals for the Second Circuit · 1941
- Funk v. Acme Industries, Inc.District Court, E.D. Michigan · 1953