LANGLEY v. PATRICK

No. 25.

77 S.E.2d 656 (1953)

238 N.C. 250

LANGLEY v. PATRICK et al.

Supreme Court of North Carolina.

September 23, 1953.


Attorney(s) appearing for the Case

LeRoy Scott and John A. Wilkinson, Washington, for plaintiff, appellant.

Rodman & Rodman, Washington, for American Surety Corp., appellee.


JOHNSON, Justice.

The plaintiff concedes in this Court that the judgment as of nonsuit was properly entered as to the Beaufort County ABC Board. He insists, however, that the trial court erred in dismissing the case as to the defendant National Surety Corporation.

Thus, the appeal presents this single question: Does the indemnity contract in suit cover liability for the alleged assault and battery committed by enforcement officer Patrick? The record impels...

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