Katzenstein v. Raleigh & Gaston Rail-Road
Supreme Court of North Carolina
Civil ActioN, tried on appeal from a Justice’s Court at Spring Term, 1877, of Warren Superior Court, before Bux-ton, J. This action was brought to recover the value of certain-goods delivered by the plaintiff to the defendant company,, and consigned to Belcher, Parks & Go., of New York, in which it was alleged that defendant failed to safely deliver the same as agreed upon.
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Civil ActioN, tried on appeal from a Justice’s Court at Spring Term, 1877, of Warren Superior Court, before Bux-ton, J. This action was brought to recover the value of certain-goods delivered by the plaintiff to the defendant company,, and consigned to Belcher, Parks & Go., of New York, in which it was alleged that defendant failed to safely deliver the same as agreed upon. To prove the allegations in the complaint, the plaintiff offered in addition to other evidence certain depositions taken in New‘York, and the defendant objected to the evidence upon the ground that the notice of taking the…
1Opinion of the CourtFaircloth, J.
On the trial of this action, the defendant objected to the admission of certain depositions as evidence for the plaintiff, on the ground that notice of taking such depositions was served upon the local agent of defendant, at Warrenton Depot, upon whom the original summons in the action had been served, and insisted that^the notice should have -been served on the President or Superintendent of the Company, or'one of its Directors, and this is the only exception.
The service of the summons on the local agent was sufficient for an action in the Superior Court, C. C. P. § 82. (1) Acts 1874-75, ch.…
2Cases cited1 opinion
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3Cited by9 opinions
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- State Ex Rel. Davenport v. McKeeSupreme Court of North Carolina · 1887
- Woodley v. . HassellSupreme Court of North Carolina · 1886
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