Fidelity & Deposit Co. v. Henry

Citations

• 109 Miss. 858
• 69 So. 1011

Syllabus

<p>1. Indemnity. Liability of indemnitor. Estoppel. Accord and satisfaction. Gost and expenses.</p> <p>Where plaintiff, a surety upon a building contract took a bond of indemnity from defendants and upon default of the principal in the building contract bond, notified defendants to defend the action brought upon the original bond, and defendants and plaintiff jointly appealed from a judgment against them, and before the appeal was decided plaintiff settled without the knowledge of defendants for less than the amount sued for, and stipulated that the judgment of the court below might be affirmed without opinion, and then sued defendants upon the bond of indemnity. In such case the settlement without defendants’ knowledge released them from liability.</p> <p>2. Indemnity. Liability of indemnitor. Gost and expenses.</p> <p>Where the surety on a building contract bond settled a suit thereon without the knowledge of the indemnitors, the surety was not estopped to recover from such indemnitors the cost and expenses of an appeal for which they were liable under the contract of indemnity.</p>