Continental Casualty Co. v. White

BOOTLE, District Judge.

For disposition now is defendant’s motion to dismiss this action because the complaint fails to state a claim against defendant upon which relief can be granted.

The plaintiff sues the defendant upon a general contract of indemnity signed by her only, the pertinent portions of which are as follows:

“Whereas, the undersigned or one or more of them (hereinafter called the Indemnitor) have heretofore required and may hereafter require suretyship upon certain obligations of suretyship on behalf of the undersigned, or of one or more of them, or of some other person or…