Continental Insurance Company v. Carter

Deen, Presiding Judge.

From the briefs of both parties, it appears that the appellee, Edmund Carter, was a subcontractor for Newell Contracting Company, Inc. (Newell) on a utility improvement project for the City of Douglasville. The appellant, Continental Insurance Company (Continental), served as surety for Newell on the project. On May 26, 1983, Carter filed suit in the State Court of Fulton County against Newell and Continental for non-payment for work performed under the subcontract. The asserted basis of Continental’s liability was the surety bond. Continental never answered the…