Lake Drummond Canal & Water Co. v. West End Trust & Safe Deposit Co.

Citations

• 131 F. 147
• 1904 U.S. App. LEXIS 4891

Syllabus

<p>1. Contracts — Performance—Indemnity—Sureties—Evidence—Records.</p> <p>Where a contractor for certain work covenanted to save plaintiff harmless from all claims advanced by any person by reason of the work done or omitted to be done under the contract, and at his own cost and expense to defend all suits which might be brought against plaintiff on such claims, the records of suits so brought in which recoveries were had against plaintiff, which plaintiff paid, were conclusive evidence as against the contractor’s surety, provided they disclosed with sufficient certainty that the suits were founded on the negligence or other improper conduct of the contractor.</p> <p>2. Same.</p> <p>Where a contractor agreed to indemnify plaintiff against claims of third persons arising out of the work, but the records in suits brought on such claims did not identify the contractor either by name or description as causing the injury, and it affirmatively appeared that a part of the injuries for which recoveries were had occurred after the contractor had left the work, such records, being offered as a whole in an action against the contractor’s surety, were properly excluded.</p>