Massachusetts Bonding & Ins. Co. v. Darby

COLLET, District Judge.

Plaintiff signed the defendant’s bond given to the City of Kansas City, Missouri, guaranteeing the faithful performance of defendant’s duties as Director of Finance for the City. The City made claim against plaintiff as surety on the bond which was compromised and settled for $44,444.44, which sum plaintiff paid the City on November 7, 1940. By this action, instituted July 8, 1944, plaintiff seeks to recover back from the defendant the amount it paid. The basis for the present action is an agreement in the nature of an indemnity contained in defendant’s application to…