This section contains the nature of the case and procedural background.

Hodges' (P) drugstore was destroyed by fire. P had four policies of insurance. He filed claims with them, and they severally rejected the proofs of loss, denied liability, and declined to pay any part of P's losses from the fire. P hired Topping and Carter (D), to sue the insurers. D effected service on the insurance companies in the usual manner by mail to the commissioner of insurance of the State of North Carolina who forwarded copies by registered mail to each foreign insurance company. D failed to serve each company individually. Each of the four foreign insurance companies made special appearances to challenge jurisdiction. After much legal maneuvering, the North Carolina Supreme Court held that the manner of service that had been the standard method for over 20 years was invalid. P sued D for negligence relating to the method of service used and for the failure to guard against the running of the statute of limitations. At the conclusion of P's evidence, the judge entered a judgment of involuntary nonsuit. P excepted and appealed.

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