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NEW AMSTERDAM CASUALTY CO. v. WALLER

No. 454.

64 S.E.2d 826 (1951)

233 N.C. 536

NEW AMSTERDAM CASUALTY CO. v. WALLER.

Supreme Court of North Carolina.

May 2, 1951.

Attorney(s) appearing for the Case

Bickett & Banks, Raleigh, for plaintiff appellant.

W. P. Farthing and Basil M. Watkins, Durham, for defendant appellee.

BARNHILL, Justice.

The contract sued upon is a contract of indemnity in which the defendant obligates himself to save the plaintiff harmless from any loss it might suffer by reason of its compliance bond issued in behalf of the Construction Company. In executing the same did the defendant become surety for the Construction Company? The court below answered in the affirmative. In this conclusion we are unable to concur.

Contracts of indemnity and of suretyship...

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