Nash v. Constitution Indemnity Co.

This action was commenced by plaintiff in error, herein referred to as plaintiff, against defendants in error, herein referred to as defendants, to recover judgment against defendant Indemnity Company and W. T. Casteel upon a written bond or guaranty given by said defendant to plaintiff and J. A. Dunham in connection with a sale of a stock of merchandise, and for judgment against Dunham excluding him from any interest in or right under said bond.

The trial court sustained the separate demurrer of defendant Indemnity Company to the second amended petition of plaintiff, and plaintiff electing to…