Legal Opinion

Jones v. Hartford Insurance

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 10 opinions

Civil ActioN tried at Fall Terra, 1882, of OraNGE Superior Court, before Shipp, J. The summons was served on James Southgate, an agent of the defendant company. The action is to recover the amount of a fire insurance policy. The defendant company is a corporation duly organized under the laws of the state of Connecticut, and at the time of issuing the policy was doing business in the town of Durham, in this state.

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Civil ActioN tried at Fall Terra, 1882, of OraNGE Superior Court, before Shipp, J. The summons was served on James Southgate, an agent of the defendant company. The action is to recover the amount of a fire insurance policy. The defendant company is a corporation duly organized under the laws of the state of Connecticut, and at the time of issuing the policy was doing business in the town of Durham, in this state. J. W. Atkinson, of the city of Wilmington, was, and is the general agent of the company for the state, appointed under the provisions of the act of 1876 — 77, ch. 157, § 3, and…

1Opinion of the CourtAshe, J.

Prior to the passage of the act of 1877, oh. 157, the service of the summons upon the local agent of a foreign corporation was unquestionably good.

The act of 1875, ch. 168, amendatory of paragraph one, section 82, chapter 17 of Battle’s Revisal, provides, that if a suit be against a corporation, the summons may be served upon the president, or other head of the corporation, secretary, treasurer, cashier, director, or managing or local agent thereof; provided, “that any person receiving or collecting money within this state for or on behalf of any corporation of this or any other state or…

2Cited by10 opinions

  1. Hughes v. . BooneSupreme Court of North Carolina · 1889
  2. Carolina Discount Corp. v. Landis Motor Co.Supreme Court of North Carolina · 1925
  3. Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
  4. Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
  5. State v. . SuttonSupreme Court of North Carolina · 1888

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