Legal Opinion

Jenette v. Hovey & Co.

Supreme Court of North Carolina

Decided September 14, 1921PublishedCited by 13 opinions

Appeal by defendant from Allen, J., at January Term, 1921, of PASQUOTANK. Plaintiffs, citizens of this State, having a cause of action against Hovey & Company, a foreign-resident corporation, for an alleged breach ■of contract, instituted this suit in tbe Superior Court of Pasquotank County and sought to obtain service upon tbe defendant by attaching tbe proceeds of a certain draft in tbe bands of tbe First and Citizens National Bank of Elizabeth City, N. 0., said funds…

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Appeal by defendant from Allen, J., at January Term, 1921, of PASQUOTANK. Plaintiffs, citizens of this State, having a cause of action against Hovey & Company, a foreign-resident corporation, for an alleged breach ■of contract, instituted this suit in tbe Superior Court of Pasquotank County and sought to obtain service upon tbe defendant by attaching tbe proceeds of a certain draft in tbe bands of tbe First and Citizens National Bank of Elizabeth City, N. 0., said funds presumably belonging to tbe defendant. Summons was issued 28 January, 1920, and duly served on tbe garnishee bank, but…

1Opinion of the Court

Stacy, J.,

after stating tbe case: Tbis action was brought to recover damages for an alleged breach of contract growing out of an agreement on tbe part of tbe defendant, Hovey & Company, to deliver a certain quantity of seed Irish potatoes to tbe plaintiffs at Elizabeth City, N. C., during tbe month of January, 1920. Tbe defendant, being a nonresident corporation and having no XDrocess agent in tbis State, could not be served personally witb summons; hence, service was sought to be obtained by issuing a warrant of attachment and levying upon tbe proceeds of a draft in tbe bands of tbe First…

2Cases cited17 opinions

  1. Roulhac v. . BrownSupreme Court of North Carolina · 1882
  2. Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
  3. Pasour v. . LinebergerSupreme Court of North Carolina · 1884
  4. Grocery Company v. Bag Company.Supreme Court of North Carolina · 1906
  5. Best v. British & American Co.Supreme Court of North Carolina · 1901

12 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Fidelity & Casualty Co. v. GreenSupreme Court of North Carolina · 1931
  2. Cape Fear Railways, Inc. v. CobbSupreme Court of North Carolina · 1925
  3. Denton v. . VassiliadesSupreme Court of North Carolina · 1937
  4. Marrison v. . LewisSupreme Court of North Carolina · 1929
  5. Mohn v. . CresseySupreme Court of North Carolina · 1927

8 more not listed; retrieve them via the Exa API.

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