Judson v. Knights of the Maccabees of the World

• Court: U.S. District Court — Western District of New York
• Citation: Judson v. Knights of the Maccabees of the World, 220 F. 1004 (W.D. N.Y. 1914)
• Decision Date: 13 November 1914
• Parties: JUDSON v. KNIGHTS OF THE MACCABEES OF THE WORLD.

220 F. 1004

JUDSON v. KNIGHTS OF THE MACCABEES OF THE WORLD.

United States District Court, W.D. New York.

November 13, 1914

Judson Holley & Caton, of Lockport, N.Y., for plaintiff.

Love &amp Keating, of Buffalo, N.Y., for defendant.

HAZEL District Judge.

I have examined the cases relating to the different reasons for remanding causes to the state court, and I am satisfied that in this case the defendant had the right of removal. The application was seasonably made, and within the time prescribed by the statutes of the United States. The defendant entered a voluntary appearance; that is, the attorneys for the defendant filed a notice of appearance, and without personal service of summons voluntarily appeared and admitted service. Such appearance was doubtless a waiver of a right to object to the jurisdiction of the person of the defendant, but was not a waiver of the right of removal to this court.

The more important questions argued at the bar are whether the amount in controversy exceeds the sum of $3,000, and whether in view of the Insurance Law of this state in force since 1910, there is vested in plaintiff a legal right to have this action determined in the Supreme Court of this state. I agree with Judge Pooley, who considered the question on motion for removal under section 29 of the Judicial Code (Act March 3 1911, c. 231, 36 Stat. 1095 (Comp. St. 1913, Sec. 1011)) that the right to be protected in this case arises out of the policy of insurance and the amount which the defendant obligated itself to pay on the death of the plaintiff, namely, $5,000. This was the value of the object to be gained in bringing suit, and not...