Muller v. Reagh

WOOD (Fred B.), J.

Plaintiff has appealed from an order transferring the cause to the municipal court upon the ground that the superior court lacks jurisdiction.

(1)

Does it appear from the complaint that the superior court lacks jurisdiction?

The following are the significant allegations of the complaint :

According to the first count, defendant Lelah Muller converted four unexecuted forms, three agreement forms and one deed form. The three agreement forms have an “intrinsic” value of $150. The deed form has an “intrinsic” value of $10 and an “extrinsic” value of $13,000. Plaintiff has already been damaged to the extent of $1,000 in defendant’s quiet title suit which Lelah Muller has brought against him predicated upon the use by her of said agreement forms and the deed form and that such damages will increase to an unascer

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tained amount, which plaintiff requests permission to insert in the complaint when ascertained. Defendant Reagh has participated in the institution and maintenance of the quiet title suit to the damage of plaintiff in the sum of $13,000. By reason of the premises plaintiff has suffered bodily and mental stress and has been unable to work and by reason thereof has already been damaged in the sum of $2,000 which damages will accrue and increase and plaintiff requests permission to insert the full amount thereof when ascertained. Plaintiff has suffered exemplary and punitive damages in the amount of $35,000. In the prayer he asks for $13,000 as general damages, $160 as special damages, $3,000 as compensatory, and $35,000 as exemplary and punitive damages.

In the second count plaintiff pleads fraud and deceit, incorporating by reference all of the allegations of the first count and alleging that Lelah obtained the deed form and the agreement forms from him by fraud and deceit. Here, he alleges that he is damaged in the sum of $13,160, the value of the unexecuted forms.

In the third count plaintiff pleads an action for claim and delivery of the four unexecuted forms. He alleges they are the value of $13,160.

Defendants support the order of transfer upon the theory that “inspection of the complaint shows that by no stretch of the imagination could unexecuted forms be worth $13,000.00, no matter what the amount claimed as their value.” That is not to say that no damages, not even nominal damages, might be recoverable for the tort allegedly committed. Nor does it signify that the item of $2,000, or some portion of it, might not be recoverable for the alleged bodily and mental stress allegedly suffered by the plaintiff.