American Surety Co. v. McSpadden

Opinion by

Linn, J.,

Appellant, a surety company, sued on a written contract of indemnity, seeking reimbursement for sums expended in defending a suit brought against it by the City of Elkins, West Virginia, in a court of that state. Appellant alleged that defendant’s liability grew out of an application signed by him and the Elkins Electric Railway Company, asking appellant to become surety on a bond with defendant and the railway company as principals, to be given by them to the City of Elkins as obligee, conditioned as will appear. Defendant admitted making the agreement in suit, but…