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DANDY v. AMERICAN LAUNDRY MACHINERY INC.

23172

301 S.C. 24 (1990)

389 S.E.2d 866

Fannie Mae DANDY, Plaintiff v. AMERICAN LAUNDRY MACHINERY INC., a/k/a/ American Laundry Machinery Company, Talley Laundry Machinery Company, A Merging Corporation, and Talley Machinery Corporation, A Surviving Corporation, Defendants.

Supreme Court of South Carolina.

Decided March 12, 1990.

Attorney(s) appearing for the Case

John T. Bodenheimer, of Bodenheimer, Busbee & Hunter, Aiken, and Wilmot B. Irvin and Elizabeth Howard Simmons, of Glenn, Irvin, Murphy, Gray & Stepp, Columbia, for plaintiff.

David B. Summer, Jr., of Nexsen, Pruet, Jacobs & Pollard, Columbia, for defendant Talley Laundry Machinery.

Frank H. Gibbes, III, and Michael T. Smith, both of Rainey, Britton, Gibbes & Clarkson, Greenville, for remaining defendants.

Heard Jan. 8, 1990.

Decided March 12, 1990.

GREGORY, Chief Justice:

The following three questions have been certified to this Court by the United States District Court for the District of South Carolina:

1. Under South Carolina law, does delivery of a summons and complaint to a private process server commence an action and thereby toll the applicable statute of limitations? 2. Under South Carolina law, does mailing a summons and...

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