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Conflicts Keyed to Currie
Pritchard v. Norton
Facts
Pritchard (Plaintiff) had obligated himself in Louisiana to be a surety on an appeal bond required to be posted by a railroad in its appeal of an adverse Louisiana judgment. Norton (Defendant) and Pritchard (Plaintiff) contracted in New York for Defendant to indemnify Plaintiff against any loss in connection with his suretyship. The railroad lost the appeal and Plaintiff was called upon to satisfy the bond. Defendant refused to indemnify on the grounds that New York law did not recognize the validity of the indemnity contract. Plaintiff claimed that since performance was to be in Louisiana, which recognized the contract, Louisiana law should apply. The trial court rendered a verdict in favor of Norton (Defendant) based on his contention.
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