The Redwood gazette., 1918-02-06

and to serve a copy of your answer to
the said complaint upon the subscribers
at their office, 1000 Metropolitan Life
| minnesota, within twenty days after the
service of this summons upon you, ex-
elusive of the day of such service; and
| within the time aforesaid, the plaintiff
will take Judgment against you for the
sum of Fourteen Hundred Ninety-Six and
65-10O Dollars ($1496.65) with interest on
Sl54b.60 from June 10th, 1916, to January
9TH, 1917, and interest on S144660 since
January 5, 1917, and with interest on
S50.05 from the time of the commence
ment of this action, all at the rate of 6
per cent per annum, together with the
costs and disbursements of this action
BROWN G. GUEsMER, HARRY
BROWN. N "
1000 Metropolitan Life Bldg.
Minneapolis, Minnesota
Attorneys for Plaintiff
State of Minnesota, District Court
county or Redwood Ninth Judicial
District.
Company, Corporation, Plaintiff
James B. Ladd and Grant Robinson,
Defendants.
COMPLAINT.
Plaintiff, for a cause of action against
Defendants, and each of them alleges:
l. That Plaintiff is now and during
all the times hereinafter mentioned has
Deen, a corporation organized and exist
ing under the laws of the State of Mas
sachusetts and engaged in the business
OF writing surety bonds, and during all
the times hereinafter mentioned has been
and now is licensed and authorized to
transact said business in the States of
Kansas and Minnesota;
2. That on January Is, 1914, judg
ment for Twelve Hundred Fifty Dollars
($1250) in favor of w. S. Rance and Ed
Witthauer, and against the Robinson In
vestment Company was rendered in the
District Court of johnson County in the
tenth Judicial District of the State of
Kansas; that thereafter said Robinson
Investment Company appealed from said
Judgment to the Supreme Court of Kan
sas; that on May 25, 1914, in connection
with said appeal there was executed and
delivered bond signed by said Robin
son Investment Company as principal
and plaintiff as surety, and running to said
ligees, which bond was conditioned for
the payment by said Robinson Invest
ment Company of said judgment with in
terest and costs in case said Judgment
should be affirmed by the Supreme Court
OF Kansas, and upon such affirmance;
and said bond provided that in default
of payment of said judgment, interest
and costs, said surety must pay the
same;
That Plaintiff, at the request of the
Defendants, executed and furnished said
DOHu DIS surety 1Of SAID RODlnSOn invest
ment Company in consideration of and
in reliance upon and induced by the in
demnity agreement furnished to it by
Defendants, in this complaint referred
to; and would not have become such
surety or furnished said bond in the alb
sence of said indemnity agreement;
3. 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 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 indemnifed 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;
4. That said judgment was affirmed
by the Supreme Court of Kansas on
January s, 1916; that said Robinson In
Judgment, interest or costs, 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-
ton Herewith, pursuant to the terms
of said bond; that by reason thereof
Plaintiff was obliged to pay, and did
actually pay to the obligees in said bond,
on June TO- 1916, pursuant to it's obliga-
ton and liability under said bond, in
payment of said Judgment, interest there
on, %~I L.
sum of Fifteen Hundred Forty-Six and
60100 Dollars ($1546.60);
5. That in connection with the claim
so made against Plaintiff on account of
the default and nom payment by said
Robinson Investment Company of said
Judgment, interest and costs Plaintiff
was required to engage, and necessarily
did engage, the services of attorneys for
the purpose of properly taking care of
its 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,
(s5oo5S; - Gnu y NV @'' :
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 Ninety-Six and 65-100 dollars
(s1596.65), 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 (s1496.6 $50
with interest on $1546.60 from June 10,
1916, to January 5, 1917, and interest on
interest on $50O5 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 8, 1917.
BROWN & GUESMER, HARRY
S. CARSON AND EDWIN G.
BROWN