United States Fidelity & Guaranty Co. v. Nooney

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought by the U. S. Fidelity & Guaranty Company upon an indemnity bond given by Theodore T. Grabske, to indemnify the plaintiff against loss on a contract of suretyship. It was decided that the answer of the defendant did not state a defense, .and from that ruling Grabske appeals. '

From the pleadings it appears that Albert H. Nooney entered into a contract with the board of education of Kansas City to furnish material and install a heating apparatus in a high-school building. He procured the Guaranty Company to give…