The Redwood gazette., 1918-02-20
District Court
Ninth judicial
District

State of Minnesota, District Court
County of Redwood Ninth judicial
District.
Massachusetts Bonding & Insurance
Company, Corporation, Plaintiff,
James B. Ladd and Grant Robinson,
COMPLAINT. ''''
Plaintiff, for a cause of action against
Defendants, and each of them, alleges:
1. That Plaintiff is now, and during
all the times hereinafter mentioned has
been, 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
($125O) 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
sas; that on May 25, 1914, in connection
with said appeal there was executed and
delivered a bond signed by said Robin
son Investment Company as principal
w. S. Rance and Ed Witthauer as OBJ
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
bond as surety for said Robinson Invest
consideration
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;
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 its 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-
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 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 Forty-Six and
6O-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
was required to engage, and necessarily
did engage, the services of attorneys for