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FIRST CITIZENS BANK & TR. CO. v. NEW AMSTERDAM CAS. CO.

No. 456.

75 S.E.2d 651 (1953)

237 N.C. 591

FIRST CITIZENS BANK & TRUST CO. v. NEW AMSTERDAM CAS. CO.

Supreme Court of North Carolina.

April 29, 1953.

Attorney(s) appearing for the Case

Mordecai & Mills, Raleigh, for plaintiff, appellant.

Bickett & Banks, Raleigh, for defendant, appellee.

ERVIN, Justice.

The bond described in paragraph 4 of the statement of facts is apparently the identical bond which was in suit in Caroolina Builders Corp. v. New Amsterdam Casualty Co., 236 N.C. 513, 73 S.E.2d 155.

This case is simplified if due heed is paid to the significant fact that Benfield had two separate contracts, one with the plaintiff and the other with Harris. The defendant was...

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