Hartford Accident & Indemnity Co. v. Black

A question of fact was presented which should have been submitted to the jury concerning the consideration for the defendant’s indemnity agreement. The plaintiff’s bond was executed on May 10,1935. The indemnity agreement, though dated April 14,1935, was executed on June 27th. The recital of that agreement that the plaintiff had written its bond “ at the request ” of the defendant and “ upon condition ” that the indemnity agreement would be executed by her was contradicted by the defendant’s testimony that no such request had been made or condition assumed previous to the execution of the…