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NOLAND CO., INC. v. POOVEY

No. 8025SC1110.

295 S.E.2d 238 (1982)

NOLAND COMPANY, INC. v. Ted A. POOVEY, t/a Ted A. Poovey Plumbing Company, and The Ohio Casualty Insurance Company.

Court of Appeals of North Carolina.

September 21, 1982.

Attorney(s) appearing for the Case

Purrington & Purrington by A. L. Purrington, Jr., Raleigh, for plaintiff-appellant.

Byrd, Byrd, Ervin, Blanton & Whisnant by Robert B. Byrd and Lawrence D. McMahon, Jr., Morganton, for defendant-appellant Ohio Cas. Ins. Co.

Triggs & Mull by C. Gary Triggs and Wayne O. Clontz, Morganton, for defendant-appellant Ted A. Poovey.

MORRIS, Chief Judge.

We withdraw the portion of our previous opinion dealing with defendant Insurance Company's appeal and substitute therefor the following.

The superior court refused to submit an issue as to the liability of the Insurance Company on the bond but held that it was liable for the full amount recovered by plaintiff against defendant Poovey. We hold this was error. The sections of the statute governing this question are as follows:

G...

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