Globe Indemnity Co. v. Sylva Tanning Co.
Supreme Court of North Carolina
Appeal by plaintiff from Lane, J., at October Term, 1922, of BuNCOMBE. Civil action brought by plaintiff against defendants to rescind and cancel a supply contract bond executed by the defendant Carolina Dray Company (hereafter called Dray Company), as principal, and the plaintiff Globe Indemnity Company, a corporation (hereafter called Indemnity Company), as surety.
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Appeal by plaintiff from Lane, J., at October Term, 1922, of BuNCOMBE. Civil action brought by plaintiff against defendants to rescind and cancel a supply contract bond executed by the defendant Carolina Dray Company (hereafter called Dray Company), as principal, and the plaintiff Globe Indemnity Company, a corporation (hereafter called Indemnity Company), as surety. Said bond was payable to the defendant Sylva Tanning Company, a corporation (hereafter called Tanning Company). The defendant George Y. Whitton was secretary and treasurer and general manager of the defendant Dray Company, and…
1Opinion of the CourtClarkson, J.
From tbe record in this case it appears that tbe issues submitted on tbe material allegations in tbe complaint and answer and unobjected to were as follows:
“(1) "Was tbe plaintiff induced to execute tbe bond of 11 November, 1920, by reason of tbe false and fraudulent representations of tbe defendants Carolina Dray Company and George Y. Whitton, as alleged in tbe complaint? To this issue tbe jury answered ‘Yes.’
“(2) Did the defendant Sylva Tanning Company have knowledge of and participate in such false and fraudulent representations, as alleged in the complaint? To this issue the jury answered…
2Cases cited7 opinions
- Lunn v. . ShermerSupreme Court of North Carolina · 1885
- Pritchard v. . DaileySupreme Court of North Carolina · 1915
- Black v. . BlackSupreme Court of North Carolina · 1892
- Blake v. . SmithSupreme Court of North Carolina · 1913
- State v. . DavisSupreme Court of North Carolina · 1909
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3Cited by6 opinions
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