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TRANSAMERICA INSURANCE COMPANY v. BLOOMFIELD

No. 18091.

401 F.2d 357 (1968)

TRANSAMERICA INSURANCE COMPANY, Plaintiff-Appellant, v. Harry BLOOMFIELD, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 30, 1968.

Attorney(s) appearing for the Case

James S. Gilliland, Memphis, Tenn., for plaintiff-appellant; Montedonico, Gilliland, Heiskell, Davis, Canale & Glankler, Memphis, Tenn., of counsel.

Olen C. Batchelor, Jr., Memphis, Tenn., for defendant-appellee; Holt, Batchelor, Taylor, Spicer & Hoffman, Memphis, Tenn., of counsel.

Before WEICK, Chief Judge, and O'SULLIVAN and CELEBREZZE, Circuit Judges.

WEICK, Chief Judge.

Plaintiff has appealed from a judgment entered upon a directed verdict in favor of the defendant.

The action in the District Court was instituted by Transamerica Insurance Company, successor by merger to American Surety Company of New York, against the defendant, Harry Bloomfield, to recover $52,875.90 on an indemnity agreement which he executed on May 12, 1960, to indemnify and save harmless the surety on account of a labor and material...

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