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HODGES v. HOME INS. CO. OF NEW YORK

No. 19.

61 S.E.2d 372 (1950)

232 N.C. 475

HODGES v. HOME INS. CO. OF NEW YORK. HODGES v. GRANITE STATE FIRE INS. CO., PORTSMOUTH, N. H. HODGES v. CONNECTICUT FIRE INS. CO., HARTFORD, CONN. HODGES v. NEW HAMPSHIRE FIRE INS. CO. OF MANCHESTER, N. H.

Supreme Court of North Carolina.

October 11, 1950.

Attorney(s) appearing for the Case

Carter & Carter, Washington, D. D. Topping, Belhaven, for plaintiff.

Rodman & Rodman, Washington, for defendants.

WINBORNE, Justice.

On Defendants' Appeal: The question here is whether the commissioner of insurance of North Carolina is authorized to accept or waive service of summons in an action against a foreign insurance company doing business in this State. The statute, Article 17 of Chapter 58 of the General Statutes, indicates a negative answer.

Substituted service of process was unknown to common law, but depends upon statutory authorization. And a strict compliance...

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