Brush v. World Fire & Marine Ins.

AKEBMAN, District Judge.

This cause comes before the court on a motion to remand the same to the state court for want of jurisdiction of this court, the question being whether the jurisdictional amount is embraced in the cause of action as laid by the plaintiff in his declaration. The suit is in statutory form for an action upon policy of insurance. The insurance policy is in the sum of $3,000, and in the ad damnum clause damages are claimed in the sum of $5,000.

It is conceded in this cause of action the plaintiff may recover the sum of $3,000', with interest thereon at the rate of 8 per cent,…