Indemnity

That which Is given to a person to prevent his suffering damage.

Peck V. Wakely, 2 Mc Cord (S. C.) 279.

It is a rule established in all just governments that when private property is required for public use. Indemnity shall be given by the public to the owner. See Eminent Domain, Contracts made for the purpose of indemnifying a person for doing an act for which he could be Indicted, or to compensate a public officer for doing an act which is forbidden by law, or for omitting to do one which tho law commands, are absolutely void. But when the agreement with an oflicer was not to induce him to neglect his duty, but to test a legal right, as to indemnify him for not executing a writ of execution, it was held to be good; 1 Bouvler, Inst. n.

780.

— In general, a mere promise of indemnity to a third person is not within the statute of frauds; [1894] 2 Q. B. 885, 19 L. R. Eq. 198; George v. Hoskins (Ky.) 30 S. W. 406; Boyer v. Soules, 105 Mich. 81, 62 N. W. 1000; and this rule applies to a promise to indemnify the surety on a liquor-dealer’s bond; Smith* v. Delaney, 64 Conn. 264, 29 Atl. 496, 42 Am. St. Rep. 181;

— to a contract of agency, by which the agent agrees to be responsible for the nonpayment of debts which may thereafter become due by others; 69 L. T. N. S. 354;

— to counted; Jones v. Bacon, 145 N. Y. 446, 40 N. E. 216; and to a verbal promise of A to B to Indemnify him if he will become surety for 0 for a debt of the latter to D; Mlnlck V. Huff, 41 Neb. 516, 69 N. W. 795.

But it Is held In Illinois, that a guarantee of Indemnity to a surety Is within the statute; Waterman v. Pesseter, 45 111.

App. 155.

See Guaranty; Suretyship; Insurance.