Legal Opinion
New Amsterdam Casualty Co. v. Waller
Supreme Court of North Carolina
Decided May 2, 1951No. 454PublishedCited by 26 opinions
1Opinion of the CourtBaRNHill, J.
The contract sued upon is a contract of indemnity in which the defendant obligates himself to save the plaintiff harmless from any loss it might suffer by reason of its compliance bond issued in behalf of the Construction Company. In executing the same did the defendant become surety for the Construction Company? The court below answered in the affirmative. In this conclusion we are unable to concur.
Contracts of indemnity and of suretyship differ in a number of material repents. In indemnity contracts the engagement is to make good and save another harmless from loss on some obligation which…
2Cases cited17 opinions
- Howell v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1934
- Brock's Assigned Estate (No. 1)Supreme Court of Pennsylvania · 1933
- Royal Indemnity Co. v. Knott, as TreasurerSupreme Court of Florida · 1931
- Somers v. United States Fidelity & Guaranty Co.California Supreme Court · 1923
- Westville Land Co. v. HandleSupreme Court of New Jersey · 1934
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Schenkel & Shultz, Inc. v. Hermon F. Fox & AssociatesSupreme Court of North Carolina · 2008
- Branch Banking & Trust Co. v. CreasySupreme Court of North Carolina · 1980
- Nucor Corp. v. General Bearing Corp.Supreme Court of North Carolina · 1992
- Branch Banking & Trust Co. v. CreasySupreme Court of North Carolina · 1980
- Dixie Container Corp. of North Carolina v. DaleSupreme Court of North Carolina · 1968
21 more not listed; retrieve them via the Exa API.