State Ex Rel. Oliver v. United States Fidelity & Guaranty Co.
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at the February Term, 1918, of CUMBERLAND. This is an ¿ction to recover the amount due the plaintiff as the ward of John C. Gorham against the defendant, the surety on the guardian bond.
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Appeal by defendant from Connor, J., at the February Term, 1918, of CUMBERLAND. This is an ¿ction to recover the amount due the plaintiff as the ward of John C. Gorham against the defendant, the surety on the guardian bond. The facts necessary to an understanding of the questions presented are stated in the report of a former appeal (174 N. C., 417), except that at the second trial the plaintiffs, in reply to the plea of the statute of limitations, contended that they were induced to delay the commencement of this action by the request of the general agent of the defendant not to sue and by…
1Opinion of the CourtAlleN, J.
When this action was tried the first time in the Superior Court it was held that the defendant was not protected by lapse of time under the plea of the statute of limitations because it was a foreign corporation and had not appointed a process agent in the State, following Voliver v. Cedar Works, 152 N. C., 656, but this ruling was reversed on appeal and a new trial ordered upon the ground that, while no regular process agent had been appointed, the defendant had at all times after the cause of action accrued a general agent in the county of .Cumberland upon whom the summons might have been…
2Cases cited9 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
- State Ex Rel. Anderson-Oliver v. United States Fidelity Co.Supreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Watkins v. Central Motor Lines, Inc.Supreme Court of North Carolina · 1971
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Bank of Jonesboro v. CarnesSupreme Court of Georgia · 1939
- Scott v. . BryanSupreme Court of North Carolina · 1936
- Gladden v. KeistlerSupreme Court of South Carolina · 1927
6 more not listed; retrieve them via the Exa API.