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Woodard v. Hunter

Supreme Court of North Carolina
Oct 1, 1940
10 S.E.2d 721 (N.C. 1940)

Opinion

(Filed 9 October, 1940.)

APPEAL by defendant, Great American Indemnity Company, a corporation, from Thompson, J., at April Civil Term, 1940, of JOHNSTON.

E. J. Wellons for plaintiff, appellee.

Smith, Leach Anderson and John E. Lawrence for defendant, appellant.


Civil action to recover of defendant, Jack L. Hunter, a North Carolina State Highway patrolman, and surety on his bond, damages for tort committed by him under color of his office, heard upon demurrer of surety. From judgment overruling demurrer, surety appeals to Supreme Court and assigns error.


The bond, under which plaintiff seeks to hold the defendant, Great American Indemnity Company, a corporation, as surety, for alleged tortious acts of defendant, Jack L. Hunter, a State Highway patrolman, and sued upon in this action, copy of which is attached to the complaint, is identical in number, terms and conditions with that considered in the case of Midgett v. Nelson, 214 N.C. 396, 199 S.E. 393. The same question is involved here. By authority of the decision there, the judgment in the present case is

Reversed.


Summaries of

Woodard v. Hunter

Supreme Court of North Carolina
Oct 1, 1940
10 S.E.2d 721 (N.C. 1940)
Case details for

Woodard v. Hunter

Case Details

Full title:STATE OF NORTH CAROLINA, EX REL. WILBERT WOODARD, v. JACK L. HUNTER AND…

Court:Supreme Court of North Carolina

Date published: Oct 1, 1940

Citations

10 S.E.2d 721 (N.C. 1940)
218 N.C. 780