National Bank v. Furtick
Supreme Court of Delaware
It appeared from the record and the facts agreed upon that the plaintiff is a corporation existing under the laws of the United States, located and having its place of business in the City of Wilmington, in this State; the defendant was and is a citizen of the State of South Carolina; the Liverpool, London and Globe Insurance Company is a corporation of Great Britain, having its principal office for the United States in the City of New York, and having agencies in other…
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It appeared from the record and the facts agreed upon that the plaintiff is a corporation existing under the laws of the United States, located and having its place of business in the City of Wilmington, in this State; the defendant was and is a citizen of the State of South Carolina; the Liverpool, London and Globe Insurance Company is a corporation of Great Britain, having its principal office for the United States in the City of New York, and having agencies in other States, including Delaware and South Carolina. Ferdinand L. Gilpin is and for many years has been the agent of said…
1Opinion of the Court
Marvel, J.,
delivered the opinión of the Court.
It was contended by counsel for the garnishee in this case that the attachment should be vacated for two reasons: 1. Because of want of service upon the statutory officer; 2. Because the debt under the facts was not the subject of attachment in the State of Delaware.
We will first consider whether there was such a service upon the garnishee, as to give the Court jurisdiction. The garnishee is a foreign corporation and it is unquestioned law that the service must be in accordance with the provisions of the statutes of this State. The sufficiency of…
2Cases cited14 opinions
- Cole v. CunninghamSupreme Court of the United States · 1890
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Hart v. SansomSupreme Court of the United States · 1884
- Atkins v. Disintegrating Co.Supreme Court of the United States · 1874
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
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