Whitehurst v. . Kerr
Supreme Court of North Carolina
Appeal from Ferguson, J., at the May Term, 1910, of Pas-QUOTANK. Civil action instituted in Superior Court Pasquotank County on 15 January, 1910. Return service on the McLean Contracting Company as follows: “Received 26 February, 1910. Served 26 February, 1910, by reading to and leaving a copy with Mr. F. H. Cameron, bookkeeper and acting agent for the above defendant company, the McLean Contracting Company.”
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Appeal from Ferguson, J., at the May Term, 1910, of Pas-QUOTANK. Civil action instituted in Superior Court Pasquotank County on 15 January, 1910. Return service on the McLean Contracting Company as follows: “Received 26 February, 1910. Served 26 February, 1910, by reading to and leaving a copy with Mr. F. H. Cameron, bookkeeper and acting agent for the above defendant company, the McLean Contracting Company.” At Spring Term, 1910, Superior Court Pasquotank County, before his Honor G-. S. Ferguson, Judge, the defendant, the McLean Contracting Company, a special appearance having been entered…
1Opinion of the CourtHoke, J.
The power of a State Legislature to provide for service of process on foreign corporations doing business within the State is no longer questioned. Speaking to the subject in the case of St. Clair v. Cox, 106 U. S., Associate Justice Fields said: “The State may, therefore, impose as a condition upon which a foreign corporation shall he permitted to do business within her limits, that it shall stipulate that in any litigation arising out of its transactions in the State, it will accept as sufficient the service of process on its agents or persons specially designated; and the condition would…
2Cases cited4 opinions
- In Re HohorstSupreme Court of the United States · 1893
- Société Foncière Et Agricole Des États Unis v. MillikenSupreme Court of the United States · 1890
- Simmons v. Defiance Box Co.Supreme Court of North Carolina · 1908
- Angerhoefer v. Bradstreet Co.United States Circuit Court · 1884
3Cited by26 opinions
- Lunceford v. Commercial Travelers Mutual Accident Ass'n of AmericaSupreme Court of North Carolina · 1925
- Lambert v. SchellSupreme Court of North Carolina · 1952
- Cape Fear Railways, Inc. v. CobbSupreme Court of North Carolina · 1925
- State Ex Rel. Anderson-Oliver v. United States Fidelity Co.Supreme Court of North Carolina · 1917
- J. B. Blades Lumber Co. v. Finance Co. of AmericaSupreme Court of North Carolina · 1933
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