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RIVIER COLLEGE v. ST. PAUL FIRE INS. CO.

No. 5091.

104 N.H. 398 (1963)

RIVIER COLLEGE v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY & a.

Supreme Court of New Hampshire.

Decided January 31, 1963.

Attorney(s) appearing for the Case

Guertin & Widener (Mr. Antoine A. Guertin orally), for the plaintiff Rivier College.

Boynton, Waldron & Dill (Mr. Wyman P. Boynton orally), for the defendant St. Paul Fire and Marine Insurance Company.

Booth, Wadleigh, Langdell, Starr & Peters and Richard C. Kohls (Mr. Kohls orally), for Peabody Co.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and T. William Bigelow (Mr. Bigelow orally), for United Glass & Aluminum Company, Inc.

The other creditor defendants furnished no briefs.

BLANDIN, J.

The main issue transferred to this court is whether the contract between the plaintiff Rivier College and the defendant St. Paul Fire and Marine Insurance Company is an indemnity or a performance bond.

It appears there are two types of agreement commonly drawn in such situations as the present. The first is called an indemnity bond, the purpose of which is for the sole benefit of the owner, to secure for him the completion of the building within...

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