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GUAYAQUIL & QUITO RY. CO. v. SUYDAM HOLDING CORP.

132 A.2d 60 (1957)

The GUAYAQUIL and QUITO RAILWAY COMPANY, a corporation of the State of Delaware, Defendant Below, Appellant, v. SUYDAM HOLDING CORPORATION, a corporation of the State of New York, Plaintiff Below, Appellee.

Supreme Court of Delaware.

May 29, 1957.

Attorney(s) appearing for the Case

William Duffy, Jr., Wilmington (William H. Foulk and Robert W. Wakefield, Wilmington, on the briefs), for defendant below, appellant.

Edmund D. Lyons (of Morris, James, Hitchens & Williams), Wilmington, for plaintiff below, appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

BRAMHALL, Justice.

This appeal involves the applicability of Sections 44 and 53 of the New York Civil Practice Act (involving limitations of actions) in an action brought in this state against a Delaware corporation based upon a judgment obtained in the New York Supreme Court against a New Jersey corporation later merged with the Delaware corporation.

Plaintiff, on July 26, 1935, secured judgment against The Guayaquil...

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