Summers & Oppenheim, Inc. v. Tillinghast Stiles Co.

PATTERSON, District Judge.

The plaintiff moves to remand the case to the state court. The plaintiff, a New York corporation, commenced suit in the New York Supreme Court against Tilling-hast Stiles Company, a Rhode Island corporation, to recover a sum in excess of $3,-000. Tillinghast Stiles Company did not seek removal to this court, but answered in the state court on the merits. Shortly afterward Tillinghast Stiles Company vouched in O-Cedar Corporation, an Illinois corporation, as a party defendant on a claim of liability over, under section 193 of the New York Civil Practice Act, and…