German American State Bank v. Bear

The opinion of the court was delivered by

Marshall, J.:

Judgment was rendered in favor of the plaintiff on three indemnity contracts, and the defendant appeals.

The contracts were signed by the defendant with others, and each, in a definite proportion, agreed to indemnify the plaintiff against loss on account of an indebtedness evidenced by promissory notes given by the Topeka Baseball Association to the plaintiff. The first contract was dated August 5, 1912; the second, August 17, 1912; and the third, September 28, 1912. At the time these contracts were signed, among the notes of the Topeka…