COMMERCIAL CASUALTY INS. CO. v. WILLIAMS

No. 2893.

37 F.2d 326 (1930)

COMMERCIAL CASUALTY INS. CO. v. WILLIAMS. In re CLARK.

Circuit Court of Appeals, Fourth Circuit.

January 14, 1930.


Attorney(s) appearing for the Case

S. Brown Shepherd, of Raleigh, N. C., and Leslie H. Adams, of Newark, N. J. (Jones Fuller, of Durham, N. C., on the brief, for appellant.

E. K. Bryan, of Wilmington, N. C. (Marsden Bellamy and Bryan & Campbell, all of Wilmington, N. C. on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and McDOWELL, District Judge.


NORTHCOTT, Circuit Judge.

In May, 1924, one Walter Clark contracted to erect a building for the county of Durham, in the state of North Carolina, and gave bond for the completion of his contract, and payment of labor and material claims, etc., with the appellant, Commercial Casualty Insurance Company, as surety. In connection with giving of said bond the said Clark filed an indemnity contract for the protection of the surety. This indemnity contract contained the...

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