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MUDROCH v. NEW AMSTERDAM CASUALTY CO.

7 Wis.2d 57 (1959)

MUDROCH and another, Respondents, v. NEW AMSTERDAM CASUALTY COMPANY, Appellant.

Supreme Court of Wisconsin.

April 7, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Eugene Wengert, attorney, and Wallace H. Hahn, Jr., of counsel, both of Milwaukee.

For the respondents there was a brief by Charlton, Yanisch, Binzak & Ritchay, attorneys, and Richard F. Yanisch of counsel, all of Milwaukee, and oral argument by Richard F. Yanisch.

BROWN, J.

The complaint clearly alleges that the principal on the bond has defaulted in performance for which the surety insured the obligees. It is equally clear that the obligees, the plaintiffs, thereby acquired a right of action on the bond against the surety.

The surety, defendant, contends that the complaint did not allege that certain procedural steps were taken in the settlement of the estates of Emilie Sander...

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