#### National Surety Company, Appellee, v. Charles D. Stone & Company, Appellant.

Gen. No. 23,113. (Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Arnold Heap,, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Reversed with finding of facts.

Opinion filed January 31, 1918.

Statement of the Case.

Action "by National Surety Company, a corporation, plaintiff, against Charles D. Stone & Company, a corporation, defendant, to recover on a written agreement of defendant to save plaintiff harmless on surety "bonds executed by it for defendant. From a judgment for plaintiff for $300, defendant appeals.

*457Abstract of the Decision.

Indemnity, § 11 * —when agreement to indemnify surety construed as not including liability on bonds not requested. In an action by a surety company to recover on a written agreement by which defendant applied to have the company furnish all bonds which he “requested,” and which states that defendant “requests” the company to become surety on the bonds “above applied for,” and that he agrees to save the company harmless, no recovery can be had for a loss on a bond which was not requested in the written application and which defendant did not request plaintiff to furnish, where there is also no course of dealing shown from which such request might be implied nor any custom from which it might be inferred, nor circumstances estopping defendant to deny the making of the request.

Baker & Holder, for appellant.

William R. Medaris, for appellee.

*

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Matchett

delivered the opinion of the court.