American Bonding Co. v. Dufur

Citations

• 49 Wash. 632
• 96 P. 160
• 1908 Wash. LEXIS 636

Syllabus

<p>Judges — Qualifications—Residence—Courts ■— Jurisdiction. It is not a valid objection to the jurisdiction of the superior court that the judge was not a resident of the county, the constitution not requiring a local judge in each county.</p> <p>Indemnity — Contract—Actions—• Pleading — Answer •— Sufficiency. An answer in an action upon a contract to indemnify a surety company from liability on a forthcoming bond given for the defendants, is insufficient where there was no denial of the execution of the bond, or of the recovery of the judgment thereon against the plaintiff, or of the payment of the judgment, or of notice to the defendants to appear and defend the action on the bond, or any allegation of fraud, payment or other defense.</p> <p>Judgment — By Default — Trial. Where defendants were in default, and the court ordered judgment of default unless an answer should be filed showing a meritorious defense, and answers were filed showing no defense, the answers may be stricken and judgment of default entered.</p> <p>Indemnity — Contracts of — Actions—Defenses — Compensation for Executing Bond. It is no defense to an action to indemnify a surety company on a contract from liability on a forthcoming bond, that the defendants had compensated the surety company by payment of $15 as consideration for executing the bond, where defendants had especially contracted with the surety company to hold it harmless from damages of any kind.</p> <p>Same — Contracts of — Attorney’s Fees as Damages. In an action on a contract to indemnify a surety company from liability on a bond given, an attorney’s fee for prosecuting the action may be allowed as part of the damages, where the contract provides for the payment of such an attorney’s fee.</p>