GASTER v. GOODWIN

No. 469.

139 S.E.2d 716 (1965)

263 N.C. 441

John GASTER v. Leamon GOODWIN, Layton Denson, Individually and trading as Apex Taxi Company, and Hubert E. Gaster.

Supreme Court of North Carolina.

January 15, 1965.


Attorney(s) appearing for the Case

Manning, Fulton & Skinner, Raleigh, for plaintiff appellant.

Dupree, Weaver, Horton & Cockman, Jerry S. Alvis, Raleigh, for defendant Denson.


DENNY, Chief Justice.

In remanding this case at the Spring Term 1963 for further hearing, this Court, speaking through Moore, J., said: "It appears to us that the crucial point in this case has not been considered. If Denson over the ten year period was in contact with his attorney at reasonable intervals, observed and learned nothing which would put him on notice that the attorney was incapacitated to present his defense, and was assured that his case would be attended...

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