Whalen v. General Mining, Milling & Power Co.

Appellate Division of the Supreme Court of New York

Whalen v. General Mining, Milling & Power Co.

249 A.D. 601, 291 N.Y.S. 781, 1936 N.Y. App. Div. LEXIS 5106

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

DecidedNovember 6, 1936

StatusPublished

Cited by3 cases

This text of 249 A.D. 601 (Whalen v. General Mining, Milling & Power Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whalen v. General Mining, Milling & Power Co., 249 A.D. 601, 291 N.Y.S. 781, 1936 N.Y. App. Div. LEXIS 5106 (N.Y. Ct. App. 1936).

Pincite

Opinion

Order denying motion to dismiss the complaint reversed, with twenty dollars costs and disbursements, and the motion granted on the ground that the corporation is a necessary party (Greaves v. Gouge, 69 N. Y. 154) and must be served in the action within a reasonable time (Lawrence v. Southern Pacific Company, 180 Fed. 822). The service attempted to be made on the corporation originally having been vacated and seventeen months having elapsed thereafter, it has become apparent that service cannot be effected and a further delay would be useless. (Dore, J., dissenting.) Appeal from order denying motion to grant a stay dismissed. No opinion. (Dore, J. dissenting.) Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order denying motion to dismiss the complaint reversed, with twenty dollars costs and disbursements, and the motion granted on the ground that the corporation is a necessary party (Greaves v. Gouge, 69 N. Y. 154) and must be served in the action within a reasonable time (Lawrence v. Southern Pacific Company, 180 Fed. 822). The service attempted to be made on the corporation originally having been vacated and seventeen months having elapsed thereafter, it has become apparent that service cannot be effected and a further delay would be useless. (Dore, J., dissenting.) Appeal from order denying motion to grant a stay dismissed. No opinion. (Dore, J. dissenting.) Present — Martin, P. J., McAvoy, O’Malley, Townley and Dore, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

249 A.D. 601, 291 N.Y.S. 781, 1936 N.Y. App. Div. LEXIS 5106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whalen-v-general-mining-milling-power-co-nyappdiv-1936.

Opinion

Related

Cite This Page — Counsel Stack