Canton Inn v. Security Ins. Co

In Canton Inn v. Security Ins. Co., 1986 WL 2258 (Del. Super. Ct.), the defendant was Chinese and failed to answer the complaint against him. The Justice of the Peace Court had held that because the defendant received proper notice, had a minimum knowledge of the English language and had run a successful business, he had the capability to understand that he had to appear in court. However, the Superior Court on appeal found that the defendant could not speak or write the English language, depended on friends to read for him, and that there was a basis for a misunderstanding that the dispute would be settled by non-judicial means. Given this fact pattern, the Superior Court found that the defendant demonstrated excusable neglect in his conduct.