Guayaquil & Quito Railway Co. v. Suydam Holding Corp.

Bramhall, J.:

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 and Quito Railway Company, a New Jersey corporation, before the Supreme Court of the state of New York. The New Jersey corporation on December 28, 1939, merged with a Delaware…