Williams v. Richmond & Danville Railroad
Supreme Court of North Carolina
This was a motion to set aside and vacate the judgment rendered' at Duplin Superior Court, August Term, 1891, before BoyJciv, J. The Court found the following facts The summons was served July 7th on the station agent at Goldsboro, and by him duly forwarded to the headquarters of the company at Atlanta, according to regulations; by the managing officer delivered to the General Southern Counsel, and by them, on July 18th, 1891, all the papers were sent to David Schenck, the…
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This was a motion to set aside and vacate the judgment rendered' at Duplin Superior Court, August Term, 1891, before BoyJciv, J. The Court found the following facts The summons was served July 7th on the station agent at Goldsboro, and by him duly forwarded to the headquarters of the company at Atlanta, according to regulations; by the managing officer delivered to the General Southern Counsel, and by them, on July 18th, 1891, all the papers were sent to David Schenck, the counsel of the North Carolina Division ; that by mistake the papers were sent to Mr. Cothran, the counsel for the South…
1ConcurrenceAvery, J.
The question upon which the correctness of the judgment rendered in this case hinges, is not whether the agents of the defendant company exercised due diligence in transmitting the notice of the institution of the suit to its local attorney. It is conceded that if we apply the rule laid down in Finlayson v. Insurance Co., and which marks the extreme limit to which this Court has gone in defining negligence on the part of suitors, the defendant’s agents were guilty of such laches that the company would *469not have been deemed excusable if Mr. Dortch had, in fact, received his notice to repair to…
2Cases cited4 opinions
- Platt v. MunroeNew York Supreme Court · 1861
- Foley, Bro. Co. v. . Blank LovickSupreme Court of North Carolina · 1885
- Champion v. BostwickNew York Supreme Court · 1837
- Warren v. . Harvey FowleSupreme Court of North Carolina · 1885