Legal Opinion

In re Porter Screen Mfg. Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1902Published

Appeal from special term, Chemung county. Application by the Porter Screen Manufacturing Company for the examination of Edward M. Sayre as a party to an action to be instituted by the applicant. From an order denying a motion to vacate an order for the examination, said Edward M. Sayre and others appeal. The Porter Screen Manufacturing Company is a foreign corporation.

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Appeal from special term, Chemung county. Application by the Porter Screen Manufacturing Company for the examination of Edward M. Sayre as a party to an action to be instituted by the applicant. From an order denying a motion to vacate an order for the examination, said Edward M. Sayre and others appeal. The Porter Screen Manufacturing Company is a foreign corporation. The Sayre Manufacturing Company, a domestic corporation, was incorporated on or about the ISth day of November, 1891, and has its principal' place of business at Horseheads, N. Y. Between the 20th day of January, 1899, and the…

1Opinion of the CourtChase, J.

A few facts stand out prominently in the record. The Porter Screen Manufacturing Company sold and delivered to the Sayre Manufacturing Company goods and merchandise which were not paid for as agreed. In an action brought on such account, judgment has been entered in favor of the Porter Screen Manufacturing Company against the Sayre Manufacturing Company for $2,764.70. When said goods and merchandise were sold, and when said action was commenced, the Sayre Manufacturing Company was in active business, and owned its plant, consisting of real and personal property. Before the judgment was…

2Cases cited8 opinions

  1. Matter of DaviesNew York Court of Appeals · 1901
  2. Jenkins v. . PutnamNew York Court of Appeals · 1887
  3. Merchants' National Bank v. . SheehanNew York Court of Appeals · 1886
  4. Proctor v. Sidney Sash, Blind & Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1896
  5. Bloodgood v. SlaybackAppellate Division of the Supreme Court of the State of New York · 1901

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