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NATIONAL SURETY CORP. v. WYMORE

4 Wis.2d 304 (1958)

NATIONAL SURETY CORPORATION, Respondent, vs. WYMORE, Appellant.

Supreme Court of Wisconsin.

June 3, 1958.

Attorney(s) appearing for the Case

For the appellant there were briefs by Falge & Moran of Ladysmith, and oral argument by James P. Moran.

For the respondent there was a brief and oral argument by Daniel B. Merriam of Ladysmith.

BROWN, J.

The application by Wymore for the plaintiff's surety bond contains two provisions which, by the execution of the bond became a part of the contract of suretyship, and which are material now. The first is:

"4th. [Wymore promises] To indemnify and keep indemnified the corporation [that is, the surety] and save it harmless from and against any and all liability, losses, costs, damages, attorney's and counsel fees and disbursements, and expenses, of...

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