Clark v. Bonsal & Co.
Supreme Court of North Carolina
Appeal from Justice, J., at April Term, 1911, of ANSON. Civil action to recover damages for death of plaintiff’s intestate, an employee of Bonsai & Co., caused by alleged negligence of the employer, and in wbicb the Maryland Casualty Company was joined as an original party defendant, heard on demurrer for misjoinder of parties.
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Appeal from Justice, J., at April Term, 1911, of ANSON. Civil action to recover damages for death of plaintiff’s intestate, an employee of Bonsai & Co., caused by alleged negligence of the employer, and in wbicb the Maryland Casualty Company was joined as an original party defendant, heard on demurrer for misjoinder of parties. The complaint sets forth a cause of action against Bonsai & Co. for negligently causing the death of intestate in the course of his employment with that company, and alleges that Bonsai & Co. held a contract of indemnity insurance with the casualty company, and makes…
1Opinion of the Court
Hoke, J.,
after stating the case: In construing contracts of this character, the courts have generally held that if the indemnity is clearly one against loss or damage, no action will lie in favor of the insured till some damage has been sustained, either by payment of the whole sum or some part of an employee’s claim; but if the stipulation is, in effect, one indemnifying against liability, a right of action accrues when the injury occurs or, in some instances, when the amount and rightfulness of the claim has been established by judgment of some court having-jurisdiction — this, according to…
2Cases cited16 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Cushman v. Carbondale Fuel Co.Supreme Court of Iowa · 1904
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3Cited by57 opinions
- Small Ex Rel. Balthis v. MorrisonSupreme Court of North Carolina · 1923
- Hunsucker v. High Point Bending & Chair Co.Supreme Court of North Carolina · 1953
- Kuntz v. SpenceTexas Commission of Appeals · 1934
- Quinlan v. Liberty Bank and Trust Co.Supreme Court of Louisiana · 1991
- Fidelity & Casualty Co. v. MartinCourt of Appeals of Kentucky · 1915
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