197 S.E. 534 | N.C. | 1938
Civil action to recover damages for conspiracy to injure plaintiff's business.
Plaintiff is a Florida corporation, domesticated in this State, and has designated the city of Wilmington, New Hanover County, as the place of its principal office in North Carolina. It is a contract carrier of freight of motor vehicle.
The defendants are railroads engaged in the transportation business in North Carolina. Some are domestic and others are foreign corporations.
The alleged conspiracy relates to the competitive business of transporting gasoline and other petroleum products from the port of Wilmington to various points in North Carolina, including Winston-Salem and Kernersville in Forsyth County.
The action was instituted in Forsyth County, and, in apt time, the defendants lodged a motion for change of venue to New Hanover County as a matter of right. Motion denied and defendants appeal.
For the purpose of suing and being sued in the courts of this State, the plaintiff, by submitting to domestication, has acquired the right of a domestic corporation, with its principal place of business in Wilmington.Smith-Douglass Co. v. Honeycutt,
There is neither finding, nor request to find, that the cause of action arose outside the county of plaintiff's residence. Motor Service Corp. v.R. R.,
Reversed.
