First-Citizens Bank & Trust Co. v. New Amsterdam Casualty Co.

The bond described in paragraph 4 of the statement of facts is apparently the identical bond which was in suit in Builders Corp. v. Casualty Co., 236 N.C. 513, 73 S.E. 2d 155.

This case is simplified if due heed is paid to the significant fact that Benfield had two separate contracts, one with the plaintiff and the other with Harris. The .defendant was not a party to either contract. The only obligation of a contractual nature assumed by the defendant was that involved in the contract of suretyship incorporated in the bond. The defendant undertook by his contract of suretyship to perform…