Cannon Manufacturing Co. v. Employers' Indemnity Co.
Supreme Court of North Carolina
Appeal by defendant from justice, J., at September Term, 1912, of MECKLENBURG. Controversy vsdthout action, beard by bis Honor, Judge Justice, at September Term, 1912, of the Superior Court of Meck-lenburg County. His Honor rendered judgment against defendant, and it appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Walker.
1Opinion of the CourtBrown, J.
The defendant issued to plaintiff an employers’ indemnity policy of the usual kind, contracting that in the event one of plaintiff’s employees should bring a suit against the plaintiff for damages sustained by the alleged negligence of the plaintiff, the defendant would “at its own cost defend against such proceeding in the name of and on behalf of the assured, or settle the same,” and providing also that the defendant’s liability on account of injury to any one person should not exceed $5,000, and providing further that the assured should not settle the claim or incur any expense or…
2Cases cited4 opinions
- Saratoga Trap Rock Co. v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
- Cudahy Packing Co. v. New Amsterdam Casualty Co.U.S. Circuit Court for the Southern District of Iowa · 1904
- Stafford v. Jones Bros.Supreme Court of North Carolina · 1884
- Steiner v. Fourth Presbyterian ChurchAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- American Auto. Ins. Co. v. FulcherCourt of Appeals for the Fourth Circuit · 1953
- Curtis Gartside Co. v. &198tna Life Ins. Co.Supreme Court of Oklahoma · 1916
- Little Cahaba Coal Co. v. Aetna Life Ins.Supreme Court of Alabama · 1915
- Snider v. State Farm Mutual Automobile Insurance Co.District Court, S.D. West Virginia · 1973
- Ætna Life Ins. Co. v. El Paso Electric Ry. Co.Court of Appeals of Texas · 1916