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PHOENIX INSURANCE COMPANY v. LESTER BROTHERS, INC.

127 S.E.2d 432 (1962)

203 Va. 802

The PHOENIX INSURANCE COMPANY v. LESTER BROTHERS, INCORPORATED.

Supreme Court of Appeals of Virginia.

October 8, 1962.

Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., Richmond (Jack N. Herod, Richmond, Irvin W. Cubine, Martinsville, Bowles, Boyd & Herod, Richmond, on brief), for plaintiff in error.

John D. Epperly, Martinsville (Broaddus, Epperly & Broaddus, Martinsville, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

CARRICO, Justice.

Lester Brothers, Incorporated, hereinafter referred to as Lester, filed a motion for judgment against The Phoenix Insurance Company, hereinafter referred to as Phoenix, seeking to recover the sum of $4,025.00 which was alleged to be due according to the provisions of a bond executed by Phoenix, under which Lester was a third party beneficiary.

Phoenix filed grounds of defense and also a demurrer. All questions of law and fact were submitted...

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