The Redwood gazette., 1918-02-13

sence of said indemnity agreement
g. That in consideration of the execu-
ton of said bond by Plaintiff as surety
for said Robinson Investment Company,
and in order to induce Plaintiff to act
as surety for said Robinson Investment
Company and to sign said bond as such
surety, Defendants, and each of them,
made, executed, and delivered to Plain
tiff an indemnity agreement in writing
in the sum of Twenty Five Hundred Dol
lars ($2500) payable to said Plaintiff,
wherein and whereby Defendants agreed
at all times to save Plaintiff harmless
from and keep it indemnified against all
suits, actions. debts, damages, costs,
charges and expenses, including counsel
fees. and all loss and damage whatever
that might at any time happen or accrue
to Plaintiff by reason of it's said surety
ship for said Robinson Investment Com
pany on said bond, or because of the
execution of said bond:
A. That said Judgment was affirmed
by the Supreme Court of Kansas on
January s, 1916; that said Robinson In
vestment Company did not pay said
judgment, interest or costs, or any part
of the same, although repeated demands
were made upon it to do so; that the
judgment creditors in said judgment and
the obligees in said bond by reason of
said default of said Robinson Investment
Company, made claim upon this Plaintiff
under said bond, and demanded and re-
quired it to pay said judgment, the in
terest thereon, and the costs in connec-
of said bond; that by reason thereof
Plaintiff was obliged to pay, and did
actually pay to the obligees in said bond,
on June 10, 1916, pursuant to it's obliga-
ton and liability under said bond, in
payment of said judgment, interest there
on and costs connected Herewith, the
sum of Fifteen Hundred FortySx and
60-100 Dollars ($1546.60);
5. That in connection with the claim
so made against Plaintiff on account OF
the default and non-payment by said
Robinson Investment Company of said
judgment, interest and costs, Plaintiff
did engage, the services of attorneys for
the purpose of properly taking care OF
it's interests in connection with said mat
ter, and was required to, and necessarily
did, incur expenses, and that for said
attorneys services and expenses Plaintiff
was obliged to pay, and did actually pay,
the sum of Fifty and 05-100 Dollars
($50.05);
6. That damages, costs, charges and
expenses, including counsel fees. and loss
have accrued to and against Plaintiff and
been sustained by it by reason of the
said suretyship of Plaintiff and because
of the execution of said bond, amounting
in the aggregate to the sum Of Fifteen
Hundred NinetySix and 65-100 dollars
($1596.65), with interest;
z. That no part of said sum has ever
been paid, although the same is past
due and payment thereof has been de
manded from both said Robinson Invest
ment Company and Defendants, except
the sum of One Hundred Dollars ($100)
paid on January 5, 1917;
WHEREFORE, Plaintiff demands judg-
ment against Defendants, and each OF
them, for the sum of Fourteen Hundred
Ninety-Six and 65-100 Dollars ($1496.65)
with interest on s1546.60 from June TO-
1916, to January 5, 1917, and interest or
$1446.60 since January 5, 1917, and with
interest on S50.O5 from the time of the
commencement of this action, all at the
rate of per cent per annum, together
with the costs and disbursements of this
action.
Dated December 3, 1917.
BROWN e. GUESMER, HARRY
S. CARSON AND EDWIN c.
BROWN.
Attorneys for Plaintiff,
1000 Metropolitan Life Bldg.
2s-st