HIGGINS v. SIMMONS

No. 147PA88.

376 S.E.2d 449 (1989)

324 N.C. 100

Larry HIGGINS v. Samuel David SIMMONS and Greensboro National Bank, Garnishee.

Supreme Court of North Carolina.

February 9, 1989.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Marion G. Follin III, Greensboro, for plaintiff-appellant.

Barbee, Johnson & Glenn by Ronald Barbee, Greensboro, for garnishee-appellee.


MARTIN, Justice.

The issue underlying this appeal is whether the bank's loan officer trainee was an agent for the purpose of serving attachment papers upon the garnishee bank in accordance with N.C.G.S. § 1-440.26. Based upon a straightforward reading of this statute as applied to the facts in this case, we find that the loan officer was the bank's agent and therefore the bank was properly served.

Plaintiff filed a complaint 14 January 1983, alleging...

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