Higgins v. Simmons

MARTIN, Justice.

The issue underlying this appeal is whether the bank’s loan officer trainee was an agent for the purpose of serving attachment papers upon the garnishee bank in accordance with N.C.G.S. § 1-440.26. Based upon a straightforward reading of this statute as applied to the facts in this case, we find that the loan officer was the bank’s agent and therefore the bank was properly served.

Plaintiff filed a complaint 14 January 1983, alleging a debt of $4,200 owed to him by defendant. Attachment proceedings were initiated concurrently, culminating in the service three days later of a…